UNDT/2022/072, Al Masri
The Tribunal found that the Applicant had performance shortcomings as evidenced by the 2016 to 2019 ePADs and by the fact that he failed to initiate the 2020 ePAD.
The Applicant was aware or could reasonably be expected to have been aware of the required performance standards.
The Applicant was given a fair opportunity to meet the required standard and the Administration did not err by not availing him more opportunities to improve considering the totality of circumstances in this case.
The totality of circumstances supported a finding that the termination of the Applicant's appointment was an appropriate action for not meeting the performance standards and the amount of awarded to him in compensation for procedural irregularities was fair.
The Applicant challenged the decision not to renew his fixed-term appointment (“FTA”) on the grounds of performance issues.
The Administration must provide sufficient proof of incompetence, usually on the basis of a procedurally fair assessment or appraisal establishing the staff member’s shortcomings and the reasons for them.
The reason for termination must rest on a reasonable basis and sufficient proof, as a matter of objective fact, that the staff member’s performance falls short, and the deficiency must be sufficiently serious to render the continuation of the employment relationship untenable.