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UNAT held that UNDT had not erred in concluding that the Administration’s decision, to take into consideration in the context of the Appellant’s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration’s subsequent change of approach. UNAT held that UNDT had correctly determined that the Appellant’s claims in this regard had become moot. UNAT held that, in rendering the Appellant’s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, UNDT had failed to give sufficient weight to a central...

UNAT emphasised the importance of performance appraisals and noted that there appeared to be a pattern of delays in completing those of the Appellant. UNAT held that, given the present circumstances of the case, the award of USD 3,000 was manifestly insufficient and increased the compensation to three months’ net base pay. UNAT allowed the appeal to the extent that it pertained to compensation.

UNAT considered an appeal by the Secretary-General. UNAT held that, at the time UNICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. UNAT affirmed UNDT’s finding that the staff member’s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration’s decision to reverse the decision was untimely and ineffective. UNAT held that there was no reason to reverse UNDT’s finding that the staff member had been deprived of a...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in excluding documents from the OSF and by ordering compensation for alleged damages not related to any established illegality. UNAT held that, even if the irregularities and delays in the appraisal procedure were so serious that they rendered the … evaluations meaningless, it did not mean that they should not be kept in the OSF. UNAT held that they, together with the corrective substitute reports or decisions, should all be kept in order to explain the whole process. UNAT, therefore, held that UNDT had erred in...

UNAT considered an appeal by the Secretary-General. UNAT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties’ submissions. UNAT held that the Secretary-General had failed to persuade it that UNDT erred on a question of fact resulting in a manifestly unreasonable decision. UNAT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member’s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. UNAT...

UNAT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. UNAT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant’s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. UNAT held that UNDT correctly concluded that the Appellant’s challenge which related to the comments of...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT made an error of law when it applied UNICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. UNAT held that UNDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. UNAT held that UNDT’s conclusion that the non-renewal decision was vitiated by UNICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. UNAT held that UNDT erroneously concluded that both the Chad Country...

UNAT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. UNDT/2014/007. UNAT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. UNAT held that there was no error of law or fact on the part of UNDT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for UNDT, UNAT held that the arguments advanced by the Secretary-General did not...

UNAT held that UNRWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that UNRWA’s decision not to renew the Appellant’s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. UNAT held that UNRWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. UNAT held that the irregularities in the assessment of the Appellant’s performance were not sufficiently substantial or consequential so as to rebut...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in finding that the Administration had failed to provide a performance-related justification for its decision not to renew Mr Ncube’s fixed-term appointment. UNAT held that the decision not to renew Mr Ncube’s appointment had to be upheld despite the fact that his e-PAS suffered from procedural irregularities as it did not consider that the flaws rendered the appraisal unlawful or unreasonable. UNAT considered that the decision not to renew the appointment was justified because the Secretary-General proved that the...