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In determining the lawfulness of the contested decision, the Tribunal examined the following issues:

a) Whether the Applicant's performance was evaluated in a fair and objective manner.

The Tribunal noted that the contested decision was based on the Applicant’s records for the 2019-2020 and 2020-2021 performance cycles.

The Tribunal reviewed the evidence on record and noted that during the 2019-2020 performance cycle, the Applicant was advised on multiple occasions to improve his work ethic and productivity. At the end of the 2019-2020 performance cycle, the Applicant was assessed as...

Whether the Applicant had a right of return A Human Resources Factsheet, issued for Umoja users, provides that at the end of a loan period, the staff member concerned is expected to return to the Secretariat unless he/she resigns his/her Secretariat position to transfer to the receiving organization. Such practice has been clearly confirmed by the Appeals Tribunal in Iskandar (see Iskandar 2012-UNAT-248). Accordingly, while the Applicant’s lien on his former post may have been surrendered in accordance with the Administration’s decision of 9 September 2009, he retained a return right to OCHA...

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...