The Tribunal found that the application was filed within the applicable time limits. The Tribunal found that in respect to decision 3, the Applicant requested management evaluation outside the prescribed time limit and therefore the Application with regard to decision 3 was not receivable. Mediation and Time-Limits: If a party to a dispute makes mediation overtures within the applicable time lines for filing an Application and the other party consents to participation in the mediation process then the time limit for filing an Application is suspended and begins to run when the mediation has...
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Jurisdiction / receivability (UNDT or first instance)
Ombudsman / informal resolution
Separation from service
Due process
Non-renewal
Performance management
Performance evaluation
Rebuttal
Separation from service
The UNDT found that the Respondent’s argument that no promise had been made was untenable. The evidence clearly indicated that UNOPS Managers knew the Applicant would rely on the statements they made to her in regards to a one year contract extension. The Respondent repeatedly disregarded its own rules and regulations in the course of completing the Applicant’s performance appraisal and subsequently conducted a flawed rebuttal process which was biased and unfair and violated the Applicant’s due process rights. Promises made created expectancy of renewal - It is untenable for the Administration...