2011-UNAT-119

2011-UNAT-119, Koumoin

UNAT Held or UNDT Pronouncements

UNAT held that, except for the Appellant’s own assertion, it found no evidence to show that he was a genuine whistle-blower. UNAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. UNAT held that the non-renewal of the Appellant’s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to separate him based on performance. UNDT found that the non-renewal of the Applicant’s appointment was a legitimate and proper exercise of discretion; the performance appraisal procedures had been correctly followed, and the Applicant’s rights to whistle-blower protection had not been violated. UNDT dismissed the application.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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Full Judgment

Applicants/ Appellants

Koumoin

Entity

UNOPS

Case Number(s)

2010-114

Tribunal

UNAT

Registry Location :

New York