±¬ÁÏÍø

Role of Managers in the United Nations - A manager in the United Nations Organization is not supposed to set his or her supervisee up for failure as was done in this case. Rather, the manager has a duty to help the supervisee by affording him or her opportunity to improve in any area that his or her performance is found unsatisfactory. Duty to give reasons for non-renewal - The Respondent has a duty to provide reasons for the non-renewal of contract when requested by the affected staff member. The reasons proffered by the Respondent for the non- extension of the Applicant¡¯s TA contract are not...

The ±¬ÁÏÍøDT found that the Applicant¡¯s substantive post has not existed for the past two years and that the Applicant has temporarily encumbered vacant posts to which he was not recruited since then, it is evidently too late in the day to challenge the abolition of his post which took place in 2013. General Assembly Resolutions - To the extent that the decision to abolish the Applicant¡¯s post was that of the GA, this Tribunal lacks jurisdiction to review the said decision.

The Tribunal found no evidence of an express promise in writing sufficient to support a legitimate expectation of renewal of appointment. The Tribunal also found that the reason given for the decision was sufficiently supported by the weight of the credible evidence. The Applicant did not meet the burden of proving that the decision was motivated by bias, prejudice or discrimination.

The Tribunal found that the Respondent did not comply with his obligation to make reasonable and good faith efforts under staff rules 9.6(e) and 13.1(d) to find the Applicant an alternative post. Termination of appointment: A termination of a contract of employment by reason of restructuring of the workplace is lawful provided that the Organization discharges fully its duty and obligations towards the displaced staff member in accordance with the applicable law; the latter, in the case of termination of a permanent appointment for abolition of post, is staff rules 9.6(e) and 13.1(d). Duty of...

Lawfulness of non-renewal decision: The Tribunal held that the instructions from ±¬ÁÏÍøHQ about the need for ±¬ÁÏÍøMIL to cut its budget by downsizing provided ample justification for the restructuring of the Mission which included the down-grading of a number of posts, including that encumbered by the Applicant. The Tribunal was satisfied that the reasons for the restructuring were genuine. Abolition of post: The Tribunal concluded that the contested decision was clear on its face that it was due to budget cuts and downsizing. Consequently, the Tribunal held that the reference to the abolition of the...

The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is ¡°the improper use of a position of influence, power or authority against another person¡±. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to...

Downsizing: The Tribunal found that the decision to cut the Applicant¡¯s post and to not renew her appointment beyond its expiry was made in the context of the downsizing of the Mission. It was a rational decision made in light of the needs of the Organization. It was made and conducted in accordance with the procedures outlined in the information circulars. It was, with the exception of the short delay in conveying the actual decision, procedurally regular and lawful.Comparative review process: The Tribunal concluded noted that the functional title of the Applicant¡¯s post did not match the...

Restructuring process: The Tribunal concluded that there were no procedural irregularities in either the creation of Oversight and Support Division (OSD) or the subsequent restructuring/realignment process. Both were undertaken in a fully transparent manner, with full consultation of all staff members including the Applicant. Sufficiency of reasons: The Tribunal concluded that the Applicant was given reasons for the decision on more than one occasion including those conveyed to her by her staff representative following a meeting with ±¬ÁÏÍøDP Senior Management. These reasons were based on the...

Abolition of post: The Tribunal concluded that the Administration was not fair, just, or transparent in its dealings with the Applicant over the discontinuation of his position. The procedure adopted for the discontinuance of the Applicant¡¯s position was not in accordance with the relevant rules, regulation and procedures. The Administration failed to comply with the Guidelines concerning the timing of the written notification of the proposal to the Applicant, discussions with the manger and submission of the proposal to the Budget Committee. The failure to immediately notify him of the...

The Tribunal found that the letter of 9 June 2015 constitutes, in essence, merely the implementation of the earlier decision to separate the Applicant from the Organization for reason of post abolition. The termination of the Applicant¡¯s appointment was already adjudicated by Judgment Seyfollahzadeh ±¬ÁÏÍøDT/2015/037, affirmed by the Appeals Tribunal in its Judgment Seyfollahzadeh 2016-±¬ÁÏÍøAT-620. The Tribunal thus found that the matter was res judicata, and rejected the application. Res judicata: If a termination letter constitutes the mere implementation of an earlier decision to terminate the...