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The Tribunal found that the Applicant had not satisfied his burden of proof to show through clear and convincing evidence that his separation was unfair and that the Administration did not violate any term of the Applicant’s contract of employment. The Applicant challenged the fact that he was separated on ground of retrenchment before the General Assembly had approved the Budget to abolish his post. The record showed that this issue was already adjudicated upon in favour of the Applicant under Order No. 086 (NBI/2019). In accordance with the Tribunal’s earlier final finding on the matter, it...

UNDT held that it was satisfied that there were sound reasons supporting the Secretary-General of UNCTAD’s decision to cancel the job opening, but noted that it would have been desirable to undertake and complete a gender/geographical balance assessment at an early stage of the recruitment process. UNDT disagreed with the Applicant that the impunged decision was an act of discrimination against him. UNDT held that the decision constituted permissible and lawful affirmative action on the part of the Organization to reach gender and geographical goals set by the Ãå±±½ûµØGeneral Assembly. UNDT also...

The Tribunal finds that, contrary to the Respondent’s submissions, the Applicant’s allegation that she was performing Administrative Assistant functions at the relevant time is supported by her 2016-2017 and 2017-2018 e-PASes, Personal History Profile and Letters of Appointment which were the relevant documents for purposes of the comparative review process (“CRP’). The Applicant has successfully rebutted the presumption of regularity by proving through clear and convincing evidence that the CRP was unlawful. The administration violated its own regulations and rules governing its conduct. The...