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UNAT noted that there was no evidence to support the Appellant’s allegations that the statements of her witnesses were used in their entirety by UNDT and, even assuming that the UNDT had been in breach of its rules of procedure by making those statements, UNAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. UNAT held that the Appellant’s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that UNDT...

UNAT held that the Appellant failed to establish that the UNDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, UNAT held that it was new evidence, for which leave was required, in order to adduce it before UNAT. UNAT did not find any exceptional circumstances existed to require it to consider the new evidence. UNAT held that UNDT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

UNAT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. UNAT held that the appeal was receivable because UNDT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. UNAT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...

Although the Administration failed to take into account the Applicant’s upgraded performance appraisal, UNAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. UNAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the UNAT Statute. UNAT allowed the appeal in part, modifying the UNDT...

UNAT held that, in order for the Appellant’s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and UNAT held that it found no reason to reverse the finding of UNDT that there was no evidence of such a commitment. UNAT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. UNAT held that the need for translator services at UNAMI could...

UNAT considered appeals against UNDT judgment Nos. UNDT/2010/108 and UNDT/2010/109 jointly. UNAT held that UNDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. UNAT held that the Appellant did not demonstrate that the UNDT’s finding of fact was not supported by the evidence or that it was unreasonable. UNAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that the UNDT’s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to UNDT having stepped into the shoes of the Ãå±±½ûµØMedical Director. UNAT held that there were no grounds to disagree with the finding of UNDT that Ms Frechon’s contract was, in fact, terminated for medical reasons. UNAT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. UNAT held that UNDT was correct in rescinding the decision to...

UNAT held that the Appellant had failed to show how UNDT exceeded its jurisdiction or competence or failed to exercise its jurisdiction. UNAT held that the Appellant had not identified an error on a question of law. UNAT held that it had no reason to disagree with UNDT’s holding that no institutional prejudice, or retaliation, played a part in the non-renewal of the Appellant’s contract. UNAT noted that the decision to take the Appellant’s portfolio away from him had been taken before he had made any report of wrongdoing. UNAT noted that the Appellant’s non-selection for the 11 posts involved...

UNAT held that, except for the Appellant’s own assertion, it found no evidence to show that he was a genuine whistle-blower. UNAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. UNAT held that the non-renewal of the Appellant’s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. UNAT...

UNAT noted that the reason given for the non-renewal of the Appellant’s contract was a restructuring and that the Appellant conceded that the restructuring was properly done. UNAT agreed with UNDT that the opinion expressed by the Appellant’s Chief, that his performance deficiencies and shortcomings could justify the non-renewal of his contract, was immaterial. UNAT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. UNAT dismissed the appeal and affirmed the UNDT judgment.