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The dispute between the parties relates to whether the Applicant met the condition of satisfactory service during his probationary period to warrant a contractual right to have his FTA converted into a CA. In this context, the Applicant claims that his FRO and SRO did not identify any performance shortcomings during the performance cycle, including at the two “landmark” performance discussions they had previously to the contested decision. Allegedly, the first time he heard about any dissatisfaction with his performance was when he was informed that he would not receive a CA and, instead...

The Applicant was not eligible to apply for and participate in the selection process for the Post because, after she passed the G to N exam, she was offered a YPP placement, and refused that YPP placement. The Tribunal finds that the Applicant, a General Service staff who was no longer on the list of “successful candidates” for the competitive examination, was therefore not eligible to apply for and participate in the selection process for positions in the Professional category, including the Post. The decision to exclude the Applicant from the selection procedure for the Post was therefore...

he Tribunal rescinded the decision not to grant the Applicant a continuing appointment and ordered the Respondent to grant the Applicant a continuing appointment retroactively from 7 June 2014. As the contested decision concerned a question of appointment, the Respondent was given the alternative option of paying the Applicant USD5,000 in compensation. The Applicant’s request for moral damages was rejected.

The Tribunal found that UNMISS was incorrect when it restricted applicants to the TJO to staff already employed by UNMISS since the Applicant was an internal candidate. The Tribunal concluded that the decision to consider the Applicant ineligible for the TJO was unlawful and breached the Applicant’s right to be fully and fairly considered for the post. The Tribunal found the application receivable and that the contested decision not to find the Applicant eligible for the TJO and the related decision to continue the selection process were unlawful and breached the Applicant’s right to a full...

Whether the application is receivable in its entirety In determining the date when the three-year statutory period under art. 8.4 of its Statute should run from, the Tribunal recalls that “a written decision is necessary if the time limits are to be correctly, and strictly, calculated. Where the Administration chooses not to provide a written decision, it cannot lightly argue receivability, ratione temporis” (see Manco 2013-UNAT-342, para. 20). Without receiving a notification of a decision in writing, it would not be possible to determine when the period of three years for contesting the...