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The applicant was not separated because of an organisational necessity neither because of the expiry of his short-term contract -he did not have a signed contract. He was separated because of a disciplinary measure following the findings of the selection panel. The separation of the applicant was unlawful for two reasons: the decision was made without proper delegated authority (the authority to terminate a short-term appointment as a result of disciplinary measures has not been delegated by the Secretary-General in accordance with ST/AI/234/Rev.1) and the process was in violation of the rules...

The applicant was not separated because of the expiry of his short-term contract -he did not have a signed contract- but because of a disciplinary measure following the findings of the selection panel. The separation of the applicant was unlawful in two respects: the decision was made without proper delegated authority (the authority to terminate a short-term appointment as a result of disciplinary measures has not been delegated by the Secretary-General in accordance with ST/AI/234/Rev.1) and the process was in violation of the rules governing separation as a disciplinary measure, including...

“[...]if the respondent fails to follow proper procedures, and even if the decision is subsequently withdrawn, the applicant may be entitled to compensation, for the violation of his due process rights at the time the decision in question was taken. Therefore, the question of compensation must be dealt with separately from the fact that the contested decision was withdrawn.” “The Administration’s failure to pursue one of the options under Section 9 of ST/AI/371, to put the case on hold and to keep the applicant, who had been charged with misconduct, in a limbo and to issue the Note for File...

The facts alleged as justifying termination could not make the contract void but only voidable. The Administration is barred from arguing that there was no contract because it affirmed the contract when it was in full possession of the relevant facts by proceedings under staff regulation 9.1.Cancellation and effect of staff regulation 9.1: Under the general law the parties are bound by any condition in the contract relating to cancellation, rescission or repudiation. The only mode by which separation can be effected is pursuant to regulation 9.1 or pursuant to disciplinary procedures. These...