UNDT/2010/005 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2010/005, Azzouni

UNAT Held or UNDT Pronouncements

A single testimony reporting discriminatory statements made by an individual is insufficient to establish whether such statements were made if the accused individual denies having made such statements. From the moment that a confrontational relationship exists between a senior staff member and his/her supervisor, the Judge, without its being necessary to determine who bears a responsibility of the conflict, considers that the interest of the service requires addressing without delay the conflict and justifies the non-renewal of the staff member’s contract, unless, in the instant case, the Applicant would establish that she is the victim of religious discrimination, which she does not.

Decision Contested or Judgment Appealed

The Executive Secretary of ESCWA refused to renew the fixed-term appointment of the Head of the ESCWA Center for Women, on the grounds that she lacked management skills and exercised poor judgement when handling sensitive issues. The Applicant contends that the Executive Secretary’s decision was tainted by religious discrimination.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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

Azzouni

Entity

ESCWA

Case Number(s)

UNDT/GVA/2009/049

Tribunal

UNDT

Registry Location :

Geneva