±¬ÁÏÍø

The Tribunal concluded that the decision to separate the Applicant was discriminatory, constituted abuse of authority and was therefore unlawful because of the apparent bad faith on the part of the Applicant¡¯s supervisor in initiating and concluding a new recruitment contrary to the Civilian Staffing Review recommendation, and her unauthorized nationalization of the Applicant¡¯s post one year before the approved date. To ensure the Applicant¡¯s continuity of service when decisions are being made about her eligibility for a continuing appointment and after service health insurance, the Tribunal...

To determine the legality of the contested decision, the Tribunal examined: Whether the first PIP complied with the applicable rules The Tribunal found that the duty to inform the Applicant of his shortcomings and to assist him in improving his performance was fulfilled by his supervisors, particularly the FRO. The documentary evidence and the testimonies during the hearing showed that the Applicant was made aware early on and on different occasions of his performance shortcomings and confronted with them. Efforts were also made to clarify the goals to achieve and to provide support to the...

From both the testimonies and the documentary evidence before the Tribunal, it found as established that the dire financial situation at ±¬ÁÏÍøDP KCO, as it related to the ¡°11888 fund¡±, was the reason for the non-renewal of the Applicant¡¯s contract. The Applicant did not produce any evidence allowing the Tribunal to conclude that at the time of the contested decision, the ¡°11888 fund¡± still had funds to allow the Organization to renew her contract. While it is not contested that an incident occurred during the mission to Rwanda in 2014, the Tribunal does not find that the testimonies and...

The application was moot because the contested decision was effectively rescinded and superseded by subsequent renewals of the Applicant¡¯s appointment. The application was dismissed.

±¬ÁÏÍøDT held that the Applicant had not met the evidentiary burden of showing that the Administration made an express and firm commitment in writing to extend his appointment and that conversely, the evidence showed that, in accordance with its Transition Plan, the Mission had no intention of maintaining the Applicant¡¯s post and proceeded with the downsizing. ±¬ÁÏÍøDT held that the Report of the Advisory Committee on Administrative and Budgetary Questions did not require ±¬ÁÏÍøOCI to renew the Applicant¡¯s appointment, neither did it alter ±¬ÁÏÍøOCI¡¯s obligation to implement the phased drawdown in accordance...

The Respondent complied with the audi alterem partem principle, which ensures that a party adversely affected by an administrative decision has the right to know, the opportunity to comment on, and the ability to answer the case against him or her. The Applicant was well aware of the complaints that were lodged against him, was confronted with each claim and responded thereto, was repeatedly warned about his unprofessional behaviour and performance issues yet failed to heed to these warnings. The decision not to renew the Applicant¡¯s contract due to poor performance was lawful. The Applicant¡¯s...

±¬ÁÏÍøDT held that it was a case in which the host country was not forthcoming or did not provide reasons which justified the PNG decision. ±¬ÁÏÍøDT held that once the Organisation had verbally stated, determined and notified the Applicant that the allegations against her were not considered misconduct, it had a duty as per Hassouna (±¬ÁÏÍøDT/2014/094) not to change the terms and conditions of her contract. ±¬ÁÏÍøDT held that the Secretary-General had the power to reassign the Applicant on an exceptional basis and should have done so. ±¬ÁÏÍøDT held that, according to Hassouna, the Organisation could not resort to...

±¬ÁÏÍøDT held that the Settlement Agreement was properly before ±¬ÁÏÍøDT for its enforcement. ±¬ÁÏÍøDT noted that there was no special procedure prescribed by the ±¬ÁÏÍøDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. ±¬ÁÏÍøDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. ±¬ÁÏÍøDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

it is undisputed that the Administration did not afford the Applicant written notice so he learnt about the non-renewal only upon the expiration of his fixed-term appointment. This practice, however, does not disable the right to seek review of the non-renewal decision by the ±¬ÁÏÍøDT. The Tribunal considers that the objective factual element as to the non-renewal of the Applicant¡¯s appointment consists in the memorandum instructing the Applicant to commence his separation procedure, dated 4 January and delivered to the Applicant on 11 January 2016. Recalling that the Applicant sought information...

In light of the Respondent¡¯s acceptance of the findings of the ±¬ÁÏÍø Ethics Office that the Applicant¡¯s supervisor had engaged in retaliatory acts against the Applicant, the Tribunal did not examine or make any findings on the issue of liability for retaliation. The Tribunal¡¯s review was limited to the issue of compensation. The Tribunal rejected the Applicant¡¯s claim that the cancellation of her e-PAS and the failure to promptly issue another one negatively affected her ability to find other employment within the service of the Organization. The Tribunal found that the Applicant had not shown...