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The UNAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator.  The UNAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans.  The UNAT found that the Organization’s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The UNAT also found that Mr. Guenfoudi’s allegations that his...

UNAT held that the Appellant’s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. UNAT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. UNAT noted that UNFCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. UNAT found no fault in UNDT’s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the...

UNAT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Gido’s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected Mr Gido’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held that Mr...

UNAT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Ahmad’s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT was correct to reject Mr Ahmad’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Garbo’s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT correctly rejected the Appellant’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr Hamdan and a cross-appeal by the Secretary-General. UNAT held that UNDT was correct to hold that Mr Hamdan’s appointment was not terminated. UNAT held that UNDT should not have rescinded the decision placing him on SLWFP. UNAT held that UNDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. UNAT held that UNDT was correct to reject Hamdan’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. UNAT held...

UNAT considered an appeal by Mr. Andrysek. UNAT dismissed the appeal and affirmed the UNDT Judgment.

The Applicant received notification in writing on 30 September 2002 that his fixed-term contract would not be renewed after its expiry on 31 December 2002. The Applicant should therefore have requested a management evaluation by 30 November 2002. The Applicant did not do so. The Applicant, however, requested a management evaluation on 23 October 2009, over seven-and-a-half years after receiving the administrative decision that his fixed-term contract would not be renewed beyond its expiry date. The Tribunal has held that it does not have the power to suspend or waive the deadlines for...

The Tribunal found that the post encumbered by the Applicant was abolished due to a restructuring exercise in UNAKRT linked to budgetary restrictions and the implementation of Umoja, which rendered the Applicant’s position redundant. The Tribunal noted that the Organization is not bound to initiate a formal consultation process with a staff member before deciding to abolish his/her post. In any event, consultation is not equivalent to negotiation, and it is not necessary for the Administration to secure consent or agreement of the consulted party. The Tribunal found that the Organization did...