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A re-trial would be unduly wasteful of time and resources. The Respondent was adequately represented especially as no oral evidence was tendered by the Applicant and the issue of cross- examining a witness did not arise. Full equality was accorded the parties in the circumstances. The onus lies on the Respondent to show that the provisions of ST/AI/2006/3 had been complied with in this case in order to prove that the Applicant was fully, fairly and properly considered. This onus has not been discharged.The Applicant’s candidature was not considered at the 15-day mark as required by the...

In general, there is no right to renewal of appointment for staff members serving on a temporary appointment. In the case at hand, no improper motives neither countervailing circumstances existed which may have tainted the contested decision with illegality. The reasons for that decision - no budgeted or approved posts of Language Assistant, Interpreter or Translator at his level in UNAMI, abolislnnent of the post - are acceptable. Although the Organization was not obliged to find alternative employment for the applicant as a staff member holding a temporary appointment, a bona fide effort was...

Whenever the administration decides a non-renewal of appointment on the grounds of poor performance, the Tribunal has to verify if the administration has complied with the relevant procedure. The application of ST/AI/2002/3 is not binding regarding staff members appointed for a period of less than one year. Having said that, once a supervisor decides to apply it, the said administrative must be fully complied with.According to ST/AI/2002/3, when the holder of a fixed-term appointment receives the lowest performance rating, the administration has the right not to renew his/her contract. When...

The Tribunal found that the performance appraisal followed by the rebuttal process had been done in respect of the rules and procedures applicable to UNDP. Based on the documentary evidence, it was the view of the Tribunal that, as a matter of fact, the Management went out of his way to afford the Applicant with as much latitude as possible to comment and challenge the rating of “partially met expectations”. With regards to the Applicant’s allegations of harassment, retaliation and discrimination, the Tribunal found that both the UNDP Ethics Office and the �山����Central Ethics Office followed the...

The Head of Office acted within his authority in effectively overriding the recommendation of the APC, as provided for by Annex 4G, para. 28(a)(iii). The relationship between the SAP and the APC is sequential, not hierarchical; the judgment of one is not superior to the judgment of the other. The Head of Office is not bound to accept the recommendation of one over the other. The Head of Office is bound to exercise his independent judgment after giving careful consideration to the recommendations made to him and explaining why he preferred one candidate to another. The Head of Office did not...

In its findings, the Tribunal found that the evidence in support of the charges was credible and that the Applicant failed to prove that the decision to summarily dismiss him was arbitrary or motivated by prejudice or other extraneous factors, or was flawed by procedural irregularities or error of law. With regards to the Applicant’s allegations of breach of due process, the Tribunal could not find any evidence that the rights of the Applicant had been violated. The Tribunal was also satisfied that the Respondent discharged his burden of proof and that he made proper use of his discretion.

Outcome: The applicant succeeds. Compensation ordered for distress and loss of career development and associated benefits.

The filling of the Post with the ultimately-successful candidate cannot be characterized as a “transfer”, be it lateral or not. The ultimately-successful candidate was therefore rather selected for the Post. Simply stated, the Post did not qualify as a lateral transfer. The Respndent employed the wrong procedure. The Applicants, although ranked behind the initially-successful candidate, were also “suitable” candidates for the Post. The Tribunal finds that the selection exercise for the initially-selected candidate was improper. The Applicants having been deemed by the Tribunal as suitable...

Having examined the documents and having heard the evidence from the PCO of the selection panel, the Tribunal is satisfied that there was no material irregularity in that all relevant procedures and guidelines were followed. The JAB panel’s examination of the facts is not tainted by procedural error or bias. The application before this Tribunal fails and is dismissed.

The Tribunal found that it is incumbent on the Organization to pay home leave travel expenses only for children who are declared and recognized as dependants of the staff member with whom they travel. Family members eligible for home leave travel: Staff rule 5.2(j), which provides that “[d]ependent children whose parents are staff members, each of whom is entitled to home leave, may accompany either parent”, must be interpreted in conjunction with staff rules 7.1 and 7.2. In doing so, it becomes clear that the Organization covers only the home leave travel expenses regarding children...