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The Appeals Tribunal found that the paucity of positive comments, compared with the overwhelmingly negative comments rendered Ms. Haydar’s performance evaluation an “administrative decision” with a direct adverse impact on her employment. The Appeals Tribunal thus found that the UNDT did not err in finding her application receivable.  

Turning to the merits of the application, the Appeals Tribunal found that by characterizing Ms. Haydar’s performance as “successfully meets performance expectations”, the Administration precluded her from contesting the appraisal through the rebuttal process...

The dispute between the parties relates to whether the Applicant met the condition of satisfactory service during his probationary period to warrant a contractual right to have his FTA converted into a CA. In this context, the Applicant claims that his FRO and SRO did not identify any performance shortcomings during the performance cycle, including at the two “landmark” performance discussions they had previously to the contested decision. Allegedly, the first time he heard about any dissatisfaction with his performance was when he was informed that he would not receive a CA and, instead...

The UNAT held that the UNDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance.  The UNAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard.  The UNAT observed that he had received “partially meets performance expectations” for two performance cycles, and “does not meet expectations” for the most recent performance cycle.  He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...

The UNAT held that the UNDT was correct to find that there was clearly sufficient evidence to support the Administration’s conclusion that the staff member’s performance only partially met expectations, and that this concern was communicated to him. Although the Rebuttal Board’s confirmation of the rating, and the preparation of a second short-term performance appraisal occurred after the non-renewal was taken, the UNAT concluded that these reviews nonetheless confirmed that management’s prior informal evaluation of the staff member’s performance was not arbitrary but was instead well-based...

It is within the discretion of the Applicant’s SRO to make comments on her performance. “[M]aking comments in an ePAS about the need for a staff member to improve performance in certain core values and competencies is an important tool for the managers to carry out their functions in the interest of the Organization and, hence, their willingness to do so need to be supported and boosted”. It represents a legitimate exercise of administrative hierarchy evaluating employees.

The comments in question do not detract from the overall satisfactory performance appraisal. They are constructive...

There is sufficient documentary evidence on record showing that the Applicant was properly made aware of the performance shortcomings he needed to address and improve. He was placed on a PIP that was structured and designed specifically for him, and he was provided with adequate support and guidance to improve.

Having identified, documented, and addressed the Applicant’s performance shortcomings through the applicable rules, the decision not to renew his FTA based on unsatisfactory service, taken after the Applicant was found not to have improved his performance despite being given the...

UNAT considered an appeal by the Secretary-General against Judgment No. UNDT/2021/032. It also considered a cross-appeal by Ms. Hilaire-Madsen claiming that the UNDT should have rescinded the Administration’s non-renewal decision and awarded her alternative compensation as well as compensation for moral damages.

As regards the lawfulness of the non-renewal decision, UNAT held that under the specific circumstances, at the material time of the contested non-renewal decision at the end of December 2018, from the point of view of a fair-minded objective observer, with the information available at...

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...

The record demonstrated that the Applicant refused to complete her supervisees’ performance evaluation and delayed the contract extension process. The Applicant refused to perform key managerial functions.

While it may be true that she was not given an opportunity to explain her actions, the remedies under section 10.1 ST/AI/2010/5 are only aimed at rectifying performance short comings and are not punitive. It was therefore not necessary to conduct some form of investigation in which a staff member would be required to explain her actions. 

While the Applicant had a duty and a right to...

The UNAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator.  The UNAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans.  The UNAT found that the Organization’s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The UNAT also found that Mr. Guenfoudi’s allegations that his...