UNDT/2011/080

UNDT/2011/080, Fradin de Bellabre

UNAT Held or UNDT Pronouncements

The procedures set out in ST/AI/2002/3 on the performance appraisal system were not complied with. While section 8.3 requires that as soon as a performance shortcoming is identified, the first reporting officer should discuss the situation with the staff member and take steps in consultation with him/her to rectify the situation, in the present case the Applicant received the rating “partially meets performance expectations” without being informed through the performance appraisal system of his shortcomings and thus without being given the opportunity to improve his performance. Since the Applicant’s performance was not appraised in accordance with established procedures and since his unsatisfactory performance was the motive for the non-renewal, the Tribunal must rescind the decision.

Decision Contested or Judgment Appealed

The Applicant contests the non-renewal of his appointment of limited duration.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Two months’ net base salary as compensation in lieu of rescission and one month net base salary for moral damage.

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Full Judgment

Applicants/ Appellants

Fradin de Bellabre

Entity

MINUSTAH

Case Number(s)

UNDT/GVA/2009/108

Tribunal

UNDT

Registry Location :

Geneva