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Whether there was a genuine restructuring process In the present case, there is no evidence that the restructuring exercise was not genuine. Instead, the evidence shows that there was a genuine, large-scale restructuring, and this resulted in numerous staff members and non-staff personnel being separated from service. The restructuring of WSSCC was in effect the shutting down of WSSCC and the establishment of the SHF. Moreover, the strong donor support shows that it was a genuine restructuring. As the donors have a fundamental objective to ensure that the funds they provide are appropriately...

The Tribunal finds that the Respondent’s explanation as to why the Applicant’s post was the one chosen for abolition is well substantiated. There was a genuine large scale restructuring due to severe budget cuts, which resulted in other staff members being separated from service, including the Applicant, and there was a legitimate explanation for the recruitments and vacancies that were not cancelled. The presumption of regularity was satisfied. Since the Applicant cannot convincingly show why his post should not have been abolished even though the posts of dozens of other staff members...

Mr. Farhadi appealed. UNAT dismissed the appeal. UNAT dismissed Mr. Farhadi's request for compensation for the UNDT's delay in delivering its Judgment within a reasonable timeframe. UNAT noted that Article 9(1)(b) of the Appeals Tribunal Statute authorises the Appeals Tribunal only to award compensation for harm deriving from an administrative decision, not from a delay in the UNDT’s proceedings. UNAT dismissed Mr. Farhadi's contention that the UNDT shifted the burden of proof.  UNAT was satisfied that the UNDT had assessed all the elements of evidence in the record and correctly found that...

The Secretary-General filed an appeal. UNAT granted the appeal and vacated the UNDT Judgment. UNAT held that while the determination of which staff members should be compared is “primarily guided by the functional title as per the staff member’s letter of appointment”, there can be cases where the functional title does not reflect the actual functions performed as in the present case. In these circumstances, the CHRO must determine which individual falls into which occupational group. Ms. Barud’s role and functions changed in May 2018 to a Facilities Management Assistant. Therefore, at the...

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. UNAT concurred with the former �山����Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member’s fixed-term appointment was not unlawful. UNAT agreed with the UNDT’s finding that the staff member had suffered no material harm from the series of renewals for short...

UNAT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that UNDT erred on questions of law and fact and exceeded its competence in awarding damages. UNAT held that the reasonable expectation of the duration of Mr Andreyev’s contract was one year and reduced the award of compensation in lieu of rescission. UNAT held that there was no evidence of harm to support the award for moral damages. UNAT granted the Secretary-General’s appeal, reduced the UNDT’s award of compensation in lieu of rescission to nine months’ net base salary, less...

UNAT preliminarily denied the request for an oral hearing. UNAT considered the appeal, specifically whether the Appellant had a legitimate expectation for the renewal of his fixed-term contract and rights related to the renewal of his fixed-term contract. UNAT noted that in the absence of any evidence of a firm commitment of renewal, there was no basis to support the Appellant’s claim of legitimate expectation and/or right for the renewal of his contract. UNAT further held that it was clear from the evidence that the Administration was involved in the process of revising the activities in Iraq...

UNAT held that UNDT had properly reviewed the contested decision in accordance with the applicable law. UNAT held that there was no error in UNDT’s conclusion that the Appellant’s G-6 post, funded through government contributions, no longer exist on the 1st of August 2013, the day after the expiration of her appointment. UNAT held that the reason provided for the non-extension of appointment was supported by the evidence. UNAT agreed with UNDT’s finding that there was no evidence provided to support the allegation that the contested decision was ill-motivated. UNAT dismissed the appeal the...

UNAT considered an appeal by the Secretary-General. UNAT held that the UNDT’s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. UNAT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi’s...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in finding that the Administration had failed to provide a performance-related justification for its decision not to renew Mr Ncube’s fixed-term appointment. UNAT held that the decision not to renew Mr Ncube’s appointment had to be upheld despite the fact that his e-PAS suffered from procedural irregularities as it did not consider that the flaws rendered the appraisal unlawful or unreasonable. UNAT considered that the decision not to renew the appointment was justified because the Secretary-General proved that the...