UNDT/2011/141

UNDT/2011/141, Ehounoubakrohi

UNAT Held or UNDT Pronouncements

Outcome: The Tribunal found that the Secretary-General acted properly within his broad discretion in deciding to take no action in relation to the Applicant’s appeal against the non-renewal of his fixed-term appointment, and the appeal was dismissed.

Decision Contested or Judgment Appealed

Non renewal of fixed-term appointment.

Legal Principle(s)

Burden of proof: The Applicant bears the burden of showing, on the balance of probabilities, that the proceedings before the Rebuttal Panels and the JAB Panel were tainted by material irregularities, bias, prejudice or other impermissible considerations, including the question whether the conclusions reached by the Panels are, or reasonably appear to be, irrational. Role of Tribunal: It is not the function of the Tribunal to substitute its judgment for that of a properly constituted assessment panel, including on issues concerning the performance of staff members. The internal mechanisms are designed to perform that review function. However, it is right and proper for the Tribunal to intervene if it considers that there was a lack of due process in the manner in which the internal processes operated, including the question of the potential irrationality of the conclusions reached.

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

Ehounoubakrohi

Entity

�山��Secretariat

Case Number(s)

UNDT/NY/2010/012/UNAT/1599

Tribunal

UNDT

Registry Location :

New York