UNDT/2023/144

UNDT/2023/144, Tadic

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant had not met the requisite standard to rebut the presumption that the restructuring was genuine and therefore a valid reason for not renewing her FTA.

Decision Contested or Judgment Appealed

The Applicant, a former staff member of the United Nations Office for Project Services (“UNOPS”), filed an application contesting the decision on the abolishment of her post and the non-renewal of her fixed-term appointment ("FTA").

Legal Principle(s)

A restructuring exercise which may result in loss of employment for staff members falls within the Secretary-General’s discretionary authority (see, for instance, Loeber 2018-UNAT-844). The Appeals Tribunal has affirmed that the Tribunals will not interfere with a genuine organizational restructuring exercise even though it may have resulted in the loss of employment of staff (see, for instance, Matadi et al 2015-UNAT-592) and the restructuring may have been unwise (see, for instance, Collins 2020-UNAT-1021). There is, however, a duty for the Administration to act fairly, justly, and transparently in dealing with staff members during a restructuring exercise (see Abdeljalil 2019-UNAT-960).

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

Tadic

Entity

UNOPS

Case Number(s)

UNDT/NY/2022/050

Tribunal

UNDT

Registry Location :

New York