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UNDT/2021/005

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UNDT/2021/005, Delsol

UNAT Held or UNDT Pronouncements

The Tribunal found that the rebuttal panel was properly constituted. The Tribunal found that the rebuttal panel’s review of the evidence complied with the applicable norms. The Tribunal found that the Applicant’s medical condition was not an excuse for his reported poor performance. The Tribunal found that because the Applicant’s report of abuse of authority against his supervisor was only filed after the performance appraisal was completed, it had no bearing on the appraisal.

Decision Contested or Judgment/Order Appealed

The Applicant appeals his performance evaluation for the 2018 cycle.

Legal Principle(s)

here performance is the reason provided for the decision not to extend the applicant’s appointment, the Administration is required to provide a performance-related justification for its decision. Informal feedback to the staff member is not sufficient to justify a non-renewal decision for poor performance and the Administration should follow the applicable framework for performance appraisal. The purposes and goals of the performance appraisal system include the protection of the Organization’s efficiency and the staff member’s accountability. In reviewing the Administration’s appraisal of a staff member’s performance, the Dispute Tribunal may not review such appraisal de novo, substituting its judgment for that of the Administration. Allegations of improper motive ought to be substantiated with evidence which should be presented to the Dispute Tribunal

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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
Delsol
Entity
UNFPA
Case Number(s)
UNDT/NY/2020/002
Tribunal
UNDT
Registry
New York
Date of Judgement
Duty Judge
Judge Adda
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Appointment (type)
Performance management
Performance evaluation
Applicable Law
Staff Rules
UNDT Statute