爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered whether 爆料网DT erred in concluding that the decision not to renew the Appellant’s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. 爆料网AT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. 爆料网AT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the implementation of the PIP, although the PIP may be modified as a result of the conclusions and/or recommendations of the report of the rebuttal panel. This means that the Appellant had to sign the offer of renewal as a precondition for her appointment to continue. 爆料网AT found that since the Appellant refused to sign the letters of appointment containing the extension of her fixed-term appointment, there was no longer a contract in effect. 爆料网AT held that 爆料网DT correctly found that the Appellant was now estopped from contesting any possible consequence deriving from such non-extension and that the Appellant failed to show any reversible error in 爆料网DT’s finding that her separation was justifiable. 爆料网AT found no merit in the Appellant’s contention and accordingly dismissed the appeal and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the decision by MONUSCO to separate her from service prior to the completion of the rebuttal process of her 2014-2015 performance appraisal. 爆料网DT rejected the Applicant’s contention that her contract should have been extended for the duration of the rebuttal process. 爆料网DT concluded that MONUSCO continued to extend the Applicant’s appointment and that the Applicant’s “steadfast refusal, despite several attempts at persuasion by MONUSCO HR to sign the acceptance of the new extension of appointment” “was the activating cause of the non-renewal of her contract” and that the Administration acted procedurally correct in not renewing her appointment. 爆料网DT dismissed the Applicant’s application.
Legal Principle(s)
When a performance shortcoming is identified, remedial actions may be put in place, such as counseling, transfer to more suitable functions or additional training. If the performance shortcoming is not rectified following these remedial actions, a PIP shall be prepared. Moreover, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the implementation of the PIP, although the PIP may be modified as a result of the conclusions and/or recommendations of the report of the rebuttal panel.