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Receivability The application registered under Case No. ±¬ÁÏÍøDT/GVA/2015/182, insofar as it is directed against the decision to discontinue the post encumbered by the Applicant, is not receivable ratione materiae. In his application registered under Case No. ±¬ÁÏÍøDT/GVA/2016/039, the Applicant contests his separation from service effective 2 March 2016 and the non-renewal of his appointment, as a result of the abolition of his post. This is an administrative decision resulting from the restructuring and the abolition of the Applicant¡¯s post. Merits Procedural regularity The noncompliance with a...

The decision not to renew a fixed-term appointment is often closely linked to the Organization¡¯s broader discretion on how to organize its services. In that respect, the Tribunal notes that in times of scare resources, managers bear particular responsibilities for making sound management decisions, which implies making an assessment of services needed at a given time in a given department, and to avoid to unnecessary expenditure of public money with which they are effectively entrusted. Any post facto assessment of these matters is only relevant to the extent that it is able to demonstrate...

Case No. ±¬ÁÏÍøDT/GVA/2015/129

Contingency of the Applicant¡¯s FTA: return of Mr. C. to post No. 501057

Under sec. 6.7 of ST/AI/2010/3, in cases of secondment, a lien against a specific post shall only be granted for up to two years, after which it shall be surrendered. No discretion is granted to the Administration for extending the lien beyond the two years. Quite distinctly, para. 7 of ST/AI/404 allows the Administration to extend the mission assignment beyond the two years period, and continue blocking a specific post in the parent department, provided there is a specific written agreement to...

The Tribunal held that the Applicant¡¯s claim that he was underpaid between July 2004 and 31 May 2005, was not receivable. The Tribunal was satisfied that in the period in relation to which the Applicant alleged underpayments by the ±¬ÁÏÍøFPA Administration, the Applicant was not a staff member appointed by the Secretary-General. The jurisdiction of the Tribunal is limited to persons who are staff members or former staff members of the Organization. Therefore, the Applicant had no locus standi regarding the claims derived from another status, but not a staff member. With regard to the non-renewal...

The instruments invoked by the Applicant did not lend support to the contention about illegality of the abolition of his post occasioned by the fact that a post of a similar functionality would have been subsequently created within ECA. No violation of procedures envisaged in these instruments has been shown. Specifically, neither of these instruments obligated ES/ECA to carry out redeployment or classification of existing Regional Advisor posts in priority over creation of new posts at ECA. The Tribunal found no abuse, arbitrariness or unfairness in the abolition of the Applicant¡¯s post...

The Tribunal held that the uncontested evidence before it was that the General-Assembly endorsed the Secretary-General¡¯s recommendation for the abolishment of 80 Language Assistant posts, including the one encumbered by the Applicant. The Tribunal found and held that the decision not to renew the Applicant¡¯s fixed-term appointment was lawful as it was a proper implementation by the Secretary-General of the General Assembly¡¯s decision. In his submissions, the Applicant had indicated that the Organization had abolished his post, but later hired him as an Individual Consultant (IC). He contended...

The Tribunal found that the Applicant¡¯s separation was lawful. Insofar as the determination that the Applicant was fit to work on the date of his separation from service had been made through the statutory mechanisms specially designed to settle sick leave related matters, and in conformity with the established procedures, the Organization was not bound, under sec. 4.9 of ST/AI/2013/1, to further extend his contract, regardless of whether he still had a balance of sick leave days. The Tribunal also held that, while there was an excessive delay in notifying the Applicant of his separation, he...

Reason for non-renewal; It is commonplace that once the Respondent gives a staff member a reason for the nonrenewal of contract, such a reason must be supported by facts (Islam 2011-±¬ÁÏÍøAT-115); The fact that the Respondent conceded that he could not demonstrate the lack of funds leading to the non-renewal of the Applicant¡¯s contract leads the Tribunal to draw the negative inference that ±¬ÁÏÍøICEF PCO had decided not to renew the Applicant¡¯s contract based on other reasons that were disclosed neither to the Applicant nor to this Tribunal.; Furthermore, the Tribunal does not find that the fact that...

The decision not to renew the Applicant¡¯s fixed-term appointment

The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant¡¯s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant¡¯s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant¡¯s fixed-term appointment, namely that she...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant¡¯s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant¡¯s contract, constitutes a separation...