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UNDT/2011/147, Jocondo

UNAT Held or UNDT Pronouncements

The Tribunal recalled that the burden of proof lay on the Applicant and there was nothing on record to show that the contested decision was made on the ground of improper motives against the Applicant. On the contrary, it found that OCHA had acted in good faith.

Decision Contested or Judgment Appealed

The Applicant sought a suspension of action of the decision not to renew his appointment beyond 31 July 2011.

Legal Principle(s)

In cases of abolition of post due to budgetary necessities, the Administration must act in good faith.

Outcome
Dismissed on merits
Outcome Extra Text

The Tribunal dismissed the Applicant’s request for suspension of action of the decision to abolish the post he encumbered in Haiti and reassign him to Dakar, Senegal, on a position at the P-5 level.

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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.

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Jocondo
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