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UNAT considered an appeal by the Secretary-General. UNAT held that Ms. Caucci’s situation differed from the UNDT Judgment in Tran Nguyen (UNDT/2015/002) and therefore it was erroneous for the UNDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. UNAT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen...

UNAT considered an appeal by the Secretary-General. UNAT held that although UNDT did not expressly rescind the impugned decision to withdraw the offer of appointment, the award of compensation in lieu of rescission could be read as an implied order of rescission. UNAT held that UNDT gave no reasoning for the calculation of compensation, nor did it specify what amount corresponded to in-lieu compensation and what amount as compensation for loss of opportunity. UNAT awarded three months’ net base salary as compensation in lieu of rescission of the impugned decision to withdraw the offer of...

Prima facie unlawfulness Having reviewed the Applicant’s performance evaluations, the Tribunal had doubts as to whether the Applicant’s direct supervisors were indeed consulted before the lieutenants finalized and gave to the Applicant the performance evaluation forms on 9 June 2011. Absent an explanation from the Respondent on this particular point, these doubts had a direct impact on the lawfulness of the contested decision. If indeed the Administration did not follow its accepted and reasonable practice, the decision not to extend the Applicant’s appointment due to his poor performance...

The UNDT found that the decision was in violation of an express written promise of renewal for three months by the head of her mission.

The Applicant’s performance appraisal was fair and supported by the facts in evidence. The Administration was justified in deciding not to extend the Applicant’s temporary appointment for poor performance. There was no justification to extend the Applicant’s appointment beyond the maximum 364 days. The Applicant filed a complaint of harassment after she had received the request for management evaluation. She was therefore not able to show a link between her complaint and the decision not to renew her appointment given that the decision occurred months before the filing of the complaint. There...

Upon review of the record, the Tribunal finds that no official commitment was made to the Applicant in writing which would give rise to a legitimate expectation of renewal of his temporary appointment. The erroneous approval by the OIC of Mission Support cannot be understood to create a legitimate expectation of the renewal. There was maladministration in terms of delay in communicating the error to the Applicant and the Respondent has provided compensation to the Applicant in that respect. The Applicant has failed to provide any evidence that the Administration’s finding that there were no...

The evidence shows that the Applicant was put on notice of her performance shortcomings orally during the period of the first performance appraisal and in writing thereafter. The Applicant continued to receive feedback on her appraisal throughout the period of the second appraisal. The Applicant elected to submit a written explanatory statement which, as agreed with the Management Evaluation Unit, was included in her Official Status File. In conclusion, the evidence shows that while some procedural irregularities occurred in the recording of the Applicant’s performance,t eh overall evaluation...