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The Tribunal granted the application in part as the reasons provided for the Applicant’s termination, notably end of appointment and abolition of post, were incorrect and therefore unlawful (the decision was rather based on the Applicant’s health). As relief, the Tribunal granted the Applicant’s request for pecuniary compensation consisting in net-base salary from her separation date and until her retirement and ordered that the Applicant should also receive compensation in the amount equal to the contributions (staff member’s and the Organization’s) that would have been paid to the United...

The UNDT found that MINUSTAH erred when it excluded the Applicant from the comparative review process. The UNDT found that process should have included all staff for all available posts at the Mission after retrenchment, which was not done in this case. The UNDT found that the Applicant’s rights were breached in that she was not reviewed by the comparative review panel against all the remaining posts in the new mission structure. The UNDT found, however, that the Applicant’s contract expired and was not terminated. The UNDT found that the decision to separate the Applicant was lawful since it...

The Tribunal concluded that, based on the inconsistencies identified in the complainant’s statement during the investigation, together with the absence of his testimony during the appeal, as the only direct witness apart from the Applicant, the complainant’s version of facts did not corroborate the other witnesses’ statements, except for one witness, who had only an indirect knowledge of the alleged incident. The Tribunal concluded that there was no reasonable link between the alleged physical assault and the existing injury. The Tribunal further concluded that the procedure followed was...

The Tribunal found that the Administration did not respect its obligation pursuant to staff rule 9.6(e)(i) and 9.6(f) to retain the Applicant and the Applicant’s correlative right to be retained in any available suitable post at her level (G7 step 10) or at a lower level in UNHCR NY, or at her Professional level or lower in the parent Organization. The Tribunal granted the Applicant’s claim in part, rescinding the contested decision and ordering the Respondent to retain the Applicant with retroactive effect from 31 December 2016 in any current suitable available post(s), or in alternative, the...

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...

The Tribunal finds that since the Applicant’s EOD into the United Nations common system is 10 October 2005, the Administration used the incorrect EOD date for the calculation of the termination indemnity due to the Applicant. Therefore, the contested decision is unlawful and stands to be rescinded. The Tribunal finds that the Applicant has placed no evidence whatsoever, illustrating any discriminatory treatment against him. On the contrary, the record indicates that the Respondent took measures to ensure that the Applicant did not suffer hardship following his separation from service by...

Having proposed closure of the Kamina site to the General Assembly and the corollary budgetary reductions, the Respondent proceeded with the implementation of his proposal. The natural consequence of this process was that the Applicant was left with no tasks to perform. The decision did not amount to a de facto termination by cutting; short the Applicant’s appointment. The appointment continued until the expiration date on 30 June 2019 but was not renewed due to the abolition of the post. There was nothing in the parties’ submissions to show that the decision was perverse or tainted so as to...

Having proposed closure of the Kisangani site to the General Assembly and the corollary budgetary reductions, the Respondent proceeded with the implementation of his proposal. Rather than reduce the term of the Applicant’s appointment, the Respondent opted instead to lighten the footprint in the Kisangani site by having those; whose services were no longer necessary to go home but without it affecting their benefits or entitlements. The natural consequence of this process was that the Applicant was left with no tasks to perform. While this may have been an unorthodox arrangement, nothing in...

The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. UNDT/2019/122. The Tribunal concluded that Judgment No. UNDT/2019/122 related solely to the Applicant’s challenge against MONUSCO’s decision to abolish his post by way of a “dry cut” and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant’s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant’s assertion that...

The Applicant timely requested management evaluation of the contested decision and has met the procedural requirements to have this Tribunal adjudicate her case. The application is therefore receivable ratione materiae. The Tribunal considered that from provisions in ST/AI/2010/5 and ST/AI/2010/4, derives a general principle to complete performance evaluations before separation applicable also to staff members holding a fixed-term appointment. The Tribunal found that the Organization had to make a balancing exercise of the Applicant’s different performance results and could not simply act as...