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The Tribunal held that the Organization has a discretionary power to organize its work and offices. However, it reiterated the general principle that such a power is not absolute; the Organization has the authority to reorganize an office and terminate a staff member’s contract so long as that the decision is not tainted by extraneous factors or improper motives. Based on the facts and evidence adduced by the parties, the Tribunal found that the decision to phase out the programme for which the Applicant had been recruited had been made on the basis of an evaluation made by external...

The initial decision not to confirm the Applicant to the post was taken by an unidentified person whereas only the High Commissioner has the authority to take decisions on promotions. This decision must therefore be rescinded by the Tribunal. A second decision not to confirm her to the post was taken by the High Commissioner following a recourse submitted by the Applicant to the APPB and the Tribunal must examine the legality of this decision. The UNHCR Representative, who decided not to recommend the Applicant’s confirmation to the post, took this decision without informing her beforehand and...

The Tribunal considered that the Administration had erred in finding that the Applicant’s complaint did not provide sufficient grounds to warrant a formal fact-finding investigation. It awarded him USD10,000 for the moral injury he had suffered because of the way in which the matter was dealt with by the Administration. Receivability ratione materiae: The Tribunal has jurisdiction to review the Administration’s actions and omissions following a request for investigation submitted pursuant to ST/SGB/2008/5. Scope of ST/SGB/2008/5: Disagreements on work performance or on other work-related...

Administrative decision: Measures taken on the basis of ST/SGB/2008/5 must not be considered as preliminary decisions that cannot be contested. The absence of a response to an Applicant’s specific requests may amount to an implicit administrative decision, if it has direct legal consequences on the Applicant’s rights as a staff member.

The Dispute Tribunal shall not award exemplary or punitive damages. The Tribunal did not find any procedural flaws in the competitive review process as it was implemented in the Applicant’s case. All three candidates for the PIO posts were assessed against the same methodology and criteria adopted by the CRP. The Applicant was not accorded full and fair consideration for the second P-3 PIO post in UNMISS contrary to the policy adopted by the CRP. In this regard, there were both substantive and procedural irregularities on the part of the Respondent.The Applicant is entitled to compensation for...

The purported termination conveyed in the letter from the ED of UNOPS dated 11 May 2010 is accordingly rescinded. The Tribunal finds that the Applicant had not misused his UNLP and Ãå±±½ûµØID when he showed it to the person with whom he had entered into a business transaction. Ultra Vires: The Secretary-General or his agents in the instant case blatantly acted outside the scope of his or their authority in carrying a disciplinary process beyond the expiry date of the staff member’s contract. The decision to separate the Applicant in May 2010 was manifestly ultra vires and therefore unlawful. Debt...

The Tribunal held that the Applicant had not adduced any arguments to substantiate the claim that the compensation recommended by JAB was inappropriate, insufficient or improper.

Non-renewal The Chief Administrative Officer’s decision not to renew the Applicant’s contract was arbitrarily taken. Downsizing In cases of downsizing, there is generally some established criteria put in place to ensure accountability and transparency of the process. In the present case, there was no evidence of such criteria and the Tribunal found that the Applicant was deliberately reassigned to another unit in order to make it possible for the downsizing axe to fall on him. Expectancy of renewal Applicant had a legitimate expectancy of renewal of contract considering that the Personnel...

Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General’s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...