The Tribunal found that the contested decision was not based on improper motives as had been alleged by the Applicant. Rather, UNDP had acted farily and transparently. Thus the Tribunal held that there was no illegality, irrationality and unfairness in the impugned decision.
Receivability The Applicant’s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant’s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal’s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...
