UNDT/2023/077

UNDT/2023/077, HOSSAIN

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant had not discharged the burden of proving improper motives or bias against the Respondent.

Of all the eight alleged acts/omissions on which the Applicant based the complaint that his "partially satisfactory" rating was motivated by bias and ill-motive were speculative and the impugned assessment was not tainted by bias or improper motives. The Tribunal concluded that the fact that the Talent Management Review Group did not afford the Applicant an opportunity to present his case could not, ground a finding of bias and improper motive.

Decision Contested or Judgment/Order Appealed

On 26 February 2019, the Applicant filed an application challenging the rating of his 2016 Performance Management and Development (“PMD”) assessment.

Legal Principle(s)

The determination of whether a staff member was denied due process or procedural fairness, in the final analysis, must rest upon the nature of any procedural irregularity and its impact.

The Tribunal may determine that the assessment of a performance was unfair, illegal, or irrational, provided that the Applicant sufficiently proves that the assessment of his performance was tainted by bias, retaliation, or some other form of ill motivation.

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.

Full Judgment

Applicants/Appellants

HOSSAIN

Entity

Case Number(s)

Tribunal

Registry :