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The early termination of his contract was not based on a proper or lawful evaluation of the Applicant’s performance. In the absence of a comprehensive and fair performance evaluation done at the time, the reasons given by the Respondent cannot be regarded as cogent or reliable because the Applicant did not have an opportunity to refute, answer or rebut them. They therefore represent just one side of the story and, however strongly felt by the Respondent, are not a reliable basis for a lawful termination of the contract before its expiry date. This is not a question of improper motivation...

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...