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The Ä¢¹½ÊÓƵAT noted that a part of the staff member¡¯s request for management evaluation appeared not to have been considered by the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT was of the view that the information in the MER standard form constituted a request for management evaluation of the contested decisions, including breach of an alleged promise to continue her employment by maintaining funding of her post for a particular period. The Ä¢¹½ÊÓƵAT held that the staff member had raised sufficiently the issues of the lawfulness of the abolition of her post and the termination of her employment to have met the requirements of their...

The Appeals Tribunal granted the Secretary-General¡¯s appeals, dismissed Mr. Heurtematte¡¯s appeal and reversed the Ä¢¹½ÊÓƵDT Judgments.

The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT¡¯s largely speculative grounds for concluding ulterior motives by Ä¢¹½ÊÓƵ Women were not justified, especially when compared to the compelling contemporaneous reasons for the abolition, i.e. the fact that Ä¢¹½ÊÓƵ Women no longer had a physical office in Panama, that the staff was working from home, and that the motor vehicles had been sold. The Ä¢¹½ÊÓƵDT went too far in reaching its own speculative conclusions why and how Ä¢¹½ÊÓƵ Women...

The Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵICEF had conducted the selection process in a manner fully consistent with its administrative legal framework, including having provided detailed reasons for considering the staff member unsuitable for the post. The Ä¢¹½ÊÓƵAT held that his candidature had received full and fair consideration, and he had not shown through clear and convincing evidence that he had been denied a fair chance of selection. The Ä¢¹½ÊÓƵAT noted that there was no evidence of bias or ill-motive against him.

The Ä¢¹½ÊÓƵAT was of the view that Ä¢¹½ÊÓƵICEF¡¯s failure to notify the staff member of the non-selection...

The Ä¢¹½ÊÓƵAT held that the Administration¡¯s restructuring of the finance function was a genuine exercise and a proper use of the Administration¡¯s discretion in responding to evolving needs. The Ä¢¹½ÊÓƵAT did not agree that the Administration acted unfairly or unjustly in abolishing the former staff member¡¯s post. The Ä¢¹½ÊÓƵAT further held that consultation with the former staff member was not required prior to the abolition of her post.

The Ä¢¹½ÊÓƵAT found that the former staff member¡¯s dissatisfaction with the Ä¢¹½ÊÓƵDT¡¯s assessment of the evidence of workplace issues between her and her supervisor does not...

The Ä¢¹½ÊÓƵAT held that the contested decision was a separation decision hinged on expiration of an appointment, and not a termination decision based on abolition of post or reduction of staff. The former staff member did not fall within the category of staff with the right to be considered on a preferential basis for retention and the Administration did not have an obligation to find him an alternative and suitable position following the abolition or reclassification exercise.

The Ä¢¹½ÊÓƵAT observed that although the former staff member was informed in his non-renewal letter that he would be placed on...

Compensation in lieu is ¡°not related at all to the economic loss suffered¡± (see Nega 2023-Ä¢¹½ÊÓƵAT-1393,para. 62) and there is no duty to mitigate loss as a precondition for receiving in lieu compensation (see Zachariah 2017-Ä¢¹½ÊÓƵAT-764). It is, according to the Tribunal¡¯s Statute, an option that the Respondent can take instead of reinstating the Applicant in the service. Therefore, pecuniary loss or gain is not a relevant factor.

Consistent with the requirement to act fairly, justly and transparently, the Respondent bears the burden to show that the Applicant did not possess the core and functional...

As a preliminary matter, the Appeals Tribunal dismissed the Appellants' requests for an oral hearing on grounds that an oral hearing would not be expeditious and that in light of comprehensive written submissions nothing would be gained from hearing the Appellants¡¯ counsel in person.

The Appeals Tribunal found that in the absence of an express promise of renewal of the Appellants¡¯ fixed-term appointments, the Appellants did not have a legitimate expectation of renewal of their fixed-term contracts. The statements giving assurances to Ä¢¹½ÊÓƵOPS staff members were not made by a Ä¢¹½ÊÓƵOPS official with...

The Respondent discharged the evidentiary burden of minimal showing that the decisions regarding abolition of the Applicant¡¯s post leading to non-renewal of his fixed-term appointment and separation were lawful. The witnesses were credible, their evidence was cogent, reliable, consistent and corroborative. It was not contradicted in any meaningful manner. After examining the Applicant¡¯s and his witnesses¡¯ testimonies, the Tribunal was not convinced that the Applicant has made a clear and convincing case to rebut the presumption that the abolition of his post leading to the non-renewal of his...

The Applicant was found suitable for available positions. Indeed, for one job opening, he was one of the eight candidates short-listed and convoked to interview. By shortlisting him, the Administration tacitly acknowledged that he was deemed suitable for the position; per Timothy Ä¢¹½ÊÓƵDT/2017/080, as a continuing appointment holder facing termination, the Administration was obliged from that point to consider his candidacy on a preferred, non-competitive basis.

The Tribunal found that the Administration failed in its obligation to make good faith efforts to absorb the Applicant into a new post...

The Secretary-General appealed.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred in law and fact and reached a manifestly unreasonable decision by concluding that Mr. Hossain had proved on a balance of probabilities that the administrative decision not to renew his fixed-term appointment had been motivated by improper motives and he had been discriminated against. The reasons proffered by the Administration for not renewing Mr. Hossain¡¯s fixed-term appointment, namely the abolition of his post in the context of a reorganization exercise, were valid reasons.

The Ä¢¹½ÊÓƵAT further held that contrary to what Mr...