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The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. UNDT/2019/122. The Tribunal concluded that Judgment No. UNDT/2019/122 related solely to the Applicant’s challenge against MONUSCO’s decision to abolish his post by way of a “dry cut” and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant’s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant’s assertion that...

The Tribunal considered that the reclassification of the post encumbered by the Applicant did not follow UNOPS Regulations and Rules concerning reclassification. It consequently found that the decision not to renew the Applicant’s fixed-term appointment beyond 31 December 2017, taken only as a result of the said reclassification of the post, was unlawful. On remedies, this Tribunal found that the determination of the compensation in lieu between the minimum and the maximum provided by the Statute must take into account—so graduating the amount accordingly—the specific circumstances of the case...

Rescission of the contested non-renewal decision In its Judgment Quatrini UNDT/2020/043, the Tribunal found that the Organization failed to justify the non-renewal of the contract of the Applicant and that the decision to separate him from service was therefore flawed. The Tribunal further held, comparing the P-5 level position formerly encumbered by the Applicant with the one advertised in the Global Mechanism, that the two positions are essentially the same, the Tribunal thus drew the inference that the position still exists. In these circumstances, the Tribunal found that the most...

Non-renewal of the Applicant’s FTA Given the financial situation, the Tribunal finds that the challenged decision is not ultra vires, being for the administration to evaluate the opportunity to renew temporary contracts according to the financial situation of that time. The lawfulness of the non-renewal decision must be evaluated with reference to the situation of the moment in which the decision was taken. However, in presence of a contract whose effects remain for a longer period, and which do not require non-renewal notices, the reason constituting the ground of the administrative decision...

The Applicant’s appointment was not extended beyond its expiration due to the liquidation of the Mission. The decision not to extend the appointment was supported by the evidence and therefore lawful. The fact that the Applicant had incurred in personal debt does not generate an obligation on the Administration to find her an alternate post upon the closure of the Mission.

The evidence shows that the Applicant was put on notice of her performance shortcomings orally during the period of the first performance appraisal and in writing thereafter. The Applicant continued to receive feedback on her appraisal throughout the period of the second appraisal. The Applicant elected to submit a written explanatory statement which, as agreed with the Management Evaluation Unit, was included in her Official Status File. In conclusion, the evidence shows that while some procedural irregularities occurred in the recording of the Applicant’s performance,t eh overall evaluation...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

The issue raised in the application was not submitted for management evaluation. The application is not receivable. Related

The Applicant did not challenge the non-renewal of her fixed-term appointment. As the Applicant held a fixed-term appointment which expired, staff rules 9.6(e) and (f) do not apply. Therefore, the Administration had no obligation to make efforts to retain the Applicant. The application is therefore not receivable.