UNDT/2013/133, Mashhour
Due process: The Tribunal held that there were two serious procedural flaws that violated the Applicant’s due process rights: (i) the UNICEF Handbook unduly restricted the grounds on which the Applicant could rebut her performance appraisal in a way not envisaged by ST/AI/2002/3; and (ii) By misinforming the Applicant and effectively causing her to abandon the other legitimate grounds of rebuttal she had intended to rely on, the Director of Human Resources flawed the whole rebuttal process. Rebuttal process: The Tribunal held that the rebuttal process was also flawed because the Rebuttal Panel failed to properly address the sole ground on which the Applicant ultimately based her rebuttal, namely discrimination. Policy documents: The Tribunal held that a policy document of a single United Nations entity cannot be allowed to displace the rights and obligations promulgated by the Secretary-General via an administrative issuance. To allow this to occur would result in inconsistent treatment of different staff members contrary to laws established by the Secretary-General in his capacity as the chief administrative officer of the Organization.
The Applicant challenged the decision by the Deputy Executive Director of UNICEF to accept the recommendations of an Ad-hoc Panel constituted to review her rebuttals of her 2008 and 2009 performance evaluations.
N/A
The Tribunal awarded the Applicant the amount of six month’s net base salary and USD10,000 for moral damages, and ordered that the Applicant’s 2008 PER and 2009 PER be expunged from her personnel records.