UNDT/2016/020

UNDT/2016/020, Nyasulu

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant’s fixed-term appointment was not renewed because contrary to its claims, the UNMIL Administration did not follow proper procedures in determining whether he should be reassigned to the new D-1 position in the office of the D/SRSG Rule of Law. The Tribunal also found that the Applicant was not given full and fair consideration for the new D-1 position in the office of the D/SRSG Rule of Law and that the guidance provided in the Secretary-General’s report and the counsel of the General Assembly were ignored. Due process – No comparative review or any review at all was conducted to determine the suitability of the Applicant or any of the incumbents of the reassigned posts for new positions. The Guidelines from the FieldPersonnel Division which the Respondent’s witness claimed were used to conduct a comparative review were never produced. The Special Representative of the Secretary-General’s promise of a fair and objective process did not avail the Applicant in the process of his non-renewal following the reassignment of his post. There was a lack of transparency and credibility in the non-renewal decision with regards to the Applicant.

Decision Contested or Judgment Appealed

On 7 November 2013, the Applicant filed an Application challenging the administrative decision not to renew his appointment.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

UNDT ordered rescission of decision or compensation in lieu.

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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

Nyasulu

Entity

Case Number(s)

Tribunal

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