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There is sufficient documentary evidence on record showing that the Applicant was properly made aware of the performance shortcomings he needed to address and improve. He was placed on a PIP that was structured and designed specifically for him, and he was provided with adequate support and guidance to improve.

Having identified, documented, and addressed the Applicant’s performance shortcomings through the applicable rules, the decision not to renew his FTA based on unsatisfactory service, taken after the Applicant was found not to have improved his performance despite being given the...

The essential question for determination on appeal is whether the UNDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...

UNAT did not accept the argument that there was no evidence to indicate that the Appellant received the letter communicating the outcome of the management evaluation on 14 July 2011, noting that UNDT relied on the Appellant’s statement to ascertain that date. UNAT held that the Appellant failed to show any error on UNDT’s part. UNAT held that the Secretary-General rightly submitted that the deadline for the Appellant to file an application with UNDT was 12 October 2011, notwithstanding any ambiguity as to when she actually received the management evaluation response and the appeal failed on...

UNAT considered an appeal by the Secretary-General. UNAT held that, at the time UNICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. UNAT affirmed UNDT’s finding that the staff member’s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration’s decision to reverse the decision was untimely and ineffective. UNAT held that there was no reason to reverse UNDT’s finding that the staff member had been deprived of a...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT made an error of law when it applied UNICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. UNAT held that UNDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. UNAT held that UNDT’s conclusion that the non-renewal decision was vitiated by UNICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. UNAT held that UNDT erroneously concluded that both the Chad Country...

UNAT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. UNAT held that UNDT made several errors of law when it found UNICEF’s decision not to renew Mr Said’s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. UNAT held that UNDT did not accord any deference to UNICEF’s conclusion that Mr Said’s performance was poor and, instead, UNDT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. UNAT held that UNDT made...

UNAT considered all arguments made on appeal. UNAT noted that the Secretary-General failed to demonstrate errors of fact or law in UNDT’s findings. UNAT agreed with UNDT’s findings that the Approving Authority’s request for clarification from the Selection Panel was not in accordance with the staff selection procedures set forth in Section 5.5 of CF/EXD/2009-009 and that this request obviously resulted in the Selection Panel changing its recommendation. UNAT noted that, with regard to Section 9 of CF/AI/2010-001, the 22 September 2011 memorandum did not provide a basis for the Approving...

UNAT agreed with UNDT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. UNAT found no reason to differ from UNDT’s approach. UNAT supported UNDT’s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. UNAT suggested that UNDT and the Registries...

The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...

The charge relating to the unauthorized use of the UNON ID card to gain access to the Ãå±±½ûµØpremises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse Ãå±±½ûµØprivileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the Ãå±±½ûµØCommissary. Based on the evidence, the Tribunal found that on the balance of...