¹ú²úAV

UNDT/2021/167

UNDT/2021/167, Chocobar

UNAT Held or UNDT Pronouncements

- Having weighed both accounts of the factual background of the case, alongside the evidence on record, the Tribunal finds that there was clear evidence of unsatisfactory performance during the period leading to the Applicant’s separation from service. Thus, it finds no wrong in the decision to terminate the Applican’s continuing appointment. - The accidents reported by the Applicant occurred after she received the letter terminating her contract effective immediately. Hence, at the time of the accident the Applicant was no longer a staff member of the Organization. As a result, she was not entitled to sick leave and, accordingly, there is no basis for her claim that she should have been retained in service to allow her to exhaust her sick leave entitlements prior to her separation. Thus, the contested decision was lawful.

Decision Contested or Judgment/Order Appealed

The Applicant contests the decision to terminate her continuing appointment for unsatisfactory service and without allowing her to exhaust her sick leave entitlements.

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Chocobar
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type