UNDT/2021/032, Hilaire-Madsen
Relevant matters were ignored. The timing and circumstances of the Applicant’s appraisals, sick leave taken, the nature of the four-month assignment in 2018 and the reasons for it, are relevant. These factors have been considered in coming to a determination that a proper exercise of the Respondent’s discretion would have been to consider an appraisal of the Applicant’s work for the four-month period in 2018. The Applicant was on sick leave for the first seven months of the year but there is no provision in the regulatory framework indicating that the appraisal for a shorter period of work during a particular year can be ignored or is not to be considered. On the contrary, after having been on sick leave to resolve issues of ill health that may have affected prior performance, it would have been reasonable to consider improvements on return from leave.
The Applicant challenged the Respondent’s decision to separate her from service on grounds of unsatisfactory performance.
N/A
The application succeeds in part on the merits. The Respondent shall pay the Applicant a compensation for material damages in the amount of three month’s net base salary.