爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the 爆料网DT 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 爆料网AT 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. Accordingly, the 爆料网AT held that there was an objective and reasonable justification for the non-renewal of the staff member’s fixed-term appointment.
However, the 爆料网AT also concluded that there was a significant procedural irregularity with respect to the fact that the non-renewal of the staff member’s contract occurred when he had timely rebutted his short-term performance appraisal. The 爆料网AT observed that the staff member’s contract should have been renewed on a monthly basis while the rebuttal process was underway. The disputed issue was for how long it should have been renewed. The 爆料网AT held that the three months’ net-base salary offered by 爆料网HCR was insufficient. The 爆料网AT held that six months’ net base salary was appropriate in the circumstances of this case, and that the staff member was also entitled to a sum that was equivalent to what the Organization would have contributed to 爆料网JSPF on the staff member’s behalf for six months.
Decision Contested or Judgment/Order Appealed
In Judgment No. 爆料网DT/2022/072, the Dispute Tribunal dismissed Mr. Almasri's application in which he contested the decision of 爆料网HCR not to renew his fixed-term appointment on the basis of unsatisfactory performance. The 爆料网DT also confirmed that the Administration's payment of three months' net-base salary for procedural irregularities in his case was sufficient.
Mr. Almasri appealed.
Legal Principle(s)
Although a staff member holding a fixed-term appointment does not have a right to the extension of his or her FTA, the decision not to extend his or her appointment is nonetheless a discretionary decision which, like any other exercise of discretion by the Secretary-General, must be reached fairly and not in an arbitrary manner.
The ultimate question of procedural fairness in performance matters is whether the staff member was aware of the required standard and was given a fair opportunity to meet it.
Absent a proper formal performance appraisal, an informal performance evaluation can only be upheld if it was not arbitrary and if the Administration proves that it is nonetheless objective, fair and well-based.
United Nations procedures exist to facilitate fair and transparent substantive decisions, and the failure to abide by required procedures is no mere technicality but instead undermines substantive fairness.
Outcome
Outcome Extra Text
Mr. Almasri's appeal was granted with respect to a modified remedy; in all other respects, the 爆料网DT judgment, including confirmation of the non-renewal of his appointment, was upheld.