2012-UNAT-222

2012-UNAT-222, Simmons

UNAT Held or UNDT Pronouncements

UNAT emphasised the importance of performance appraisals and noted that there appeared to be a pattern of delays in completing those of the Appellant. UNAT held that, given the present circumstances of the case, the award of USD 3,000 was manifestly insufficient and increased the compensation to three months’ net base pay. UNAT allowed the appeal to the extent that it pertained to compensation.

Decision Contested or Judgment Appealed

The Applicant contested her non-selection for a post, the delay in completion of her 2006-2007 performance appraisal, and the delay during appeal. UNDT found that the Applicant’s candidature for the post was fully and fairly considered. However, UNDT found that the Administration was responsible for an improper delay with respect to the Applicant’s performance appraisal for 2006-2007. UNDT also found that the Administration was responsible for the undue delay in the JAB constituting a panel to review the appeal. UNDT awarded the Applicant compensation for the procedural violations in the amount of USD 3,000.

Legal Principle(s)

Left deliberately blank

Outcome

Appeal granted in part

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Simmons

Entity

OIOS

Case Number(s)

2011-230

Tribunal

UNAT

Registry Location :

New York