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The failure to re-interview the subject of an investigation to confront him/her with additional gathered evidence constitutes a breach of his/her due process rights: the contested disciplinary decision is unlawful since it was taken based on the evidence and recommendations of the SIU/UNAMID investigation reports issued in January 2013 and December 2013, even though the SIU/UNAMID continued the investigation and gathered additional evidence from two witnesses in January 2015 and April 2015. The new evidence was never brought to the attention of the Applicant or of the decision-maker before...

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-UNAT-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 UNICEF 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 Tribunal dismissed the application. Whereas the Applicant contended, that pursuant to ST/AI/2005/3 (Sick leave), his contract should have been extended beyond its expiry date, in order to allow him to avail himself of the right to exhaust his sick leave the Tribunal found that there was no evidence that (ST/AI/2005/3) expressly provided for its applicability to UNOPS and that the Applicant did not show that UNOPS accepted the applicability of the policy. Accordingly, the Tribunal held that there was no merit in the Applicant’s contention that it was unlawful to separate him from service...

From both the testimonies and the documentary evidence before the Tribunal, it found as established that the dire financial situation at UNDP 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...

Whether the non-renewal decision is supported by the facts Although, as the Applicant’s advanced, there was no documentary evidence explicitly showing that funding for the Pacific Project was to end in June 2017, other than the Respondent’s assertion that the Pacific Project received no funding beyond 30 June 2017, the Tribunal found that there were enough elements that taken together supported the budgetary reason behind the non-renewal of the Applicant’s appointment. The Tribunal noted, inter alia, that the Applicant and other ITC Officials were fully aware in February 2017 that the Donor...

Was the decision to abolish the Applicant’s post lawful? Given that the role of the Tribunal is not to decide whether the Administration chose the best course of action among those available to it and in the absence of evidence of illicit motive, the Tribunal finds that the decision to abolish the Applicant’s post was lawful. The Tribunal finds that the Administration has given reasons for the non-renewal of the Applicant’s contract and has shown that the decision was neither arbitrary nor improper. Did the Applicant have a right to “return to work” at the completion of her maternity leave...

No evidence showed a link between the Applicant having expressed divergent views on a work-related matter and the decision not to renew her fixed-term appointment. The decision not to extend the fixed-term appointment was based on operational requirements and followed the Security Council’s decision to withdraw MINUJUSTH. The Applicant had no expectation of renewal of her fixed-term appointment. No evidence showed that MINJUSTH made a written promise to extend the Applicant’s fixed-term appointment. There is no legal provision directing the Administration to find placement for staff members at...

The Applicant’s appointment was not renewed due to her own requests to leave prior to the end of her four-year rotation in that position. The record shows that the Applicant was well aware of the reasons for the non-renewal of her position and would have understood the contents of the notification letter related directly to her requests to Director and Deputy Director to leave her position. The record clearly demonstrates that the Applicant’s post was advertised due to her request to leave UNDP Guyana prior to the end of her four-year rotation. The Applicant cites no impropriety in the...

The evidence showed that the Applicant’s post was abolished and his fixed-term appointment was not extended for this reason. Therefore, the reason provided by the Administration for the non-renewal was lawful. The Applicant has adduced insufficient evidence that he was promised a renewal. The Applicant should have been aware that his fixed-term appointment expired automatically at the end of its term. The Administration properly notified the Applicant of the non-renewal of his appointment. While the notification of the decision not to extend the Applicant’s fixed-term appointment did not state...

The Administration informed the Applicant that “it will issue an administrative reprimand”. The request for management evaluation was made within 60 days of that communication and the application is therefore receivable even if the actual reprimand was issued months later. The Administration decided that the Applicant did not exercise her discretion and regulated her conduct “with the interests of the United Nations only in view” and the expression of her personal views. While there is no specific rule requiring the Applicant to consult with UNICEF before expressing her personal views, that...