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Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

The Tribunal found that a fundamental procedural flaw had occurred since the same staff member had fulfilled the roles of both the Applicant’s first and second reporting officers. However, no financial compensation was warranted, as the Applicant did not demonstrate that he sustained any material or moral damage stemming from this breach.

The facts at issue and their legal characterization (physical assault) were established. However, the Tribunal found that the sanction imposed was disproportionate, considering that the mitigating circumstances applicable, notably the Applicant’s mental health condition at the time of the incident giving rise to the disciplinary measure and alleged provocation before it, were not fully and properly considered. It was noted that the investigation failed to gather sufficient evidence on these aspects, which where thus not properly put before the decision-maker. Unlawfulness of a “forfeit...

UNDT held that the non-renewal of the Applicant’s contract was unlawful and that this decision was made in breach of his due process rights. UNDT held that the Panel erred when it recommended that the Applicant’s contract should not be renewed. UNDT noted that the Administrative Instruction ST/AI/2010/5 does not grant a rebuttal panel the power to make recommendations on the extension or termination of a staff member’s contract. UNDT also noted that not all procedural errors are prejudicial and not all procedural errors violate a party’s due process rights, and it behooves the Tribunal to...

UNDT held that the conduct of the Acting Chief of Mission Support and the Applicant’s direct supervisor constituted an abuse of authority in their treatment of the Applicant. Given the gross injustice meted out to the Applicant by her managers, UNDT awarded her compensation representing twelve months' net base salary. UNDT awarded the Applicant three months’ net base salary as moral damages. UNDT awarded the Applicant USD5,000 for the unfair treatment at the hands of her managers. UNDT noted that the two managers literally destroyed the Applicant’s career and made decisions in clear breach of...

Scope of judicial review concerning post abolition: it is not for the Tribunal to substitute its own views to that of the Secretary-General on how to organize work and meet operational needs. The Tribunal may only examine and set aside decisions on very limited grounds, where there has been a finding of a breach of the administrative law considerations surrounding a decision.Improper motive: an Applicant has the burden of proof when seeking to demonstrate any improper motive.Comparative Review Policy for Locally Recruited Staff Members – paragraph 4: in the context of an exercise to abolish a...

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Starting date for time limits: Time limits must be counted from the moment all facts necessary to the commencement of the case were known, or at least should have reasonably been known .Publication of vacancies: The Administration is uncontestably required to announce existing and foreseeable vacancies to be filled. If more than one vacancy is to be advertised under the same JO, the JO in question needs to clearly indicate so. Non-retroactive application of the Statute’s amendment: An amendment of the applicable rules cannot apply to an application filed prior to the entry into force of said...

How to measure a loss of change. The Tribunal finds that, as stated in Niedermayr, the assessment of loss of chance is an inexact science, and the Tribunal must assess the matter in the round and arrive at a figure deemed to be fair and equitable having regard to the number of imponderables present in the case, including the chances of being selected. The Tribunal should take into account two matters: (a) the nature of the irregularity and (b), thereafter in the assessment, all the imponderables, noting all the while that this is an inexact science (Niedermayr). The Tribunal notes the...

The decision did not adversely affect the Applicant The Tribunal referred to its judgment Featherstone UNDT/2015/117 whereby, inter alia, the decision denying the Applicant a conversion of her fixed-term appointment to a permanent appointment was rescinded and the case was remanded to the ASG/OHRM for retroactive individualized consideration of the Applicant’s suitability for conversion of her appointment to a permanent one as mandated by ST/SGB/2009/10. The Tribunal was satisfied that by the decision of 17 November 2016 (the contested decision), the Organization complied with the terms of...