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Where evidence is capable of establishing a likelihood of a connection between potentially extraneous considerations and a failure to obtain a renewal of a contract, summary dismissal is unlikely to be warranted. Where one party raises sufficient material suggesting a particular fact or facts and the other party has the sole means of refuting that inference, then an evidentiary burden to call that evidence will ordinarily arise so that a failure to do so will make it relatively easy for the other party to treat the fact as proven. Outcome: The motion for summary judgment was dismissed, without...

The Applicant filed a motion for interim measures requesting that the Tribunal order the Ethics Office to deliver recommendations on his case with respect to whistle-blowing retaliation; and to find a prima-facie violation of the Applicant’s due-process rights concerning the non-renewal of his fixed-term contract with UNDP. The Tribunal rejected the motion to order the Ethics Office to deliver its recommendations and decided that the alleged violation of the Applicant’s due process rights concerning the non-renewal of his fixed-term contract would be addressed during the review of the...

UNDP had an obligation to its staff to make it clear that the time frame for making applications for ad hoc posts might be less than the two weeks period mandated for QUARRY positions. The respondent, by virtue of the settlement agreement, was obliged to comply, amongst other things, with the Guidelines for the Recruitment and Selection of UNDP Staff, especially since they dealt with the subject of the agreement, namely support for the applicant’s attempts to obtain another post. Where there was a particular duty to inform imposed by the settlement agreement and the failure to inform...

There was no basis for inferring the non-renewal was due to irrelevant or improper considerations. Both the applicant and the DCD believed they were telling the truth; their different perspectives simply led them to a different understanding of what had been said. Outcome: The appeal dismissed.

Staff members with permanent appointments are afforded additional protections, particularly when nearing retirement age. Administration’s obligation to protect the position of a permanent staff member includes, at least, an enquiry and the taking of reasonable steps to ascertain if there were any suitable positions available for the staff member. The staff member is required to cooperate in this search but the responsibility for protecting the position of the permanent employee is primarily with the employer.The universal obligation of both employee and employer to act in good faith towards...

In accordance with article 18, paragraph 2, of its rules of procedure, the Tribunal may order the production of evidence for either party and the parties have to provide such evidence, even though they consider it to be confidential. According to article 18, paragraph 4, of its rules of procedure, it falls upon the Tribunal to assess the confidentiality of the evidence and, if it finds the evidence to be confidential, it is the Tribunal’s responsibility to ensure that measures are taken to preserve such confidentiality. In the instant case, the Tribunal did not use the confidential documents...

Under the given circumstances, the application for an extension of time could not be considered as an application on the merits. No exceptional circumstances for an extension of time could be found. Lack of legal counsel normally does not constitute an exceptional circumstance. Since the Applicant had learned one month before the end of the time limit that OSLA would not take her case, it was appropriate and reasonable for the Applicant to submit an application by herself within the time limits.

The Tribunal will not order the Applicant’s reinstatement as were the original harm repaired, the Applicant’s appointment would already have ended. While the evidence before the Tribunal suggested that extensions of secondments beyond the five-year limit were possible under UNDP policy, the Tribunal was not convinced that it was probable in this case. Therefore, the Tribunal held that the renewal would have been limited to the five-year restriction and compensation was warranted for that period, less the Applicant’s actual income. Account is taken of the context of the contractual breach i.e...

The early termination of his contract was not based on a proper or lawful evaluation of the Applicant’s performance. In the absence of a comprehensive and fair performance evaluation done at the time, the reasons given by the Respondent cannot be regarded as cogent or reliable because the Applicant did not have an opportunity to refute, answer or rebut them. They therefore represent just one side of the story and, however strongly felt by the Respondent, are not a reliable basis for a lawful termination of the contract before its expiry date. This is not a question of improper motivation...

The Tribunal sought to find whether there were any exceptional circumstances warranting a waiver of the receivability requirements. In the light of the jurisprudence of the former �山����Administrative Tribunal, the UNDT reaffirmed that “exceptional circumstances” are those circumstances that are outside the control of the applicant. In the present matter, the Tribunal concluded that the Applicant had totally failed to establish that he was hampered by exceptional circumstances to pursue his case with due diligence. The Tribunal found that the matter was time-barred.