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Outcome: Judgment for the Applicant. The parties were ordered to attempt to resolve the issue of appropriate relief, failing which it would be considered by the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵDT found that the requirement to take a break in service was unlawful and did not reflect the true facts as no actual break in service or separation took place. The Ä¢¹½ÊÓƵDT found that there was no legal requirement for the Applicant to be placed on appointment of limited duration between 5 and 30 June 2009, and the decision to give her an appointment of limited duration was manifestly unreasonable and therefore unlawful. The...

The Applicant received notification in writing on 30 September 2002 that his fixed-term contract would not be renewed after its expiry on 31 December 2002. The Applicant should therefore have requested a management evaluation by 30 November 2002. The Applicant did not do so. The Applicant, however, requested a management evaluation on 23 October 2009, over seven-and-a-half years after receiving the administrative decision that his fixed-term contract would not be renewed beyond its expiry date. The Tribunal has held that it does not have the power to suspend or waive the deadlines for...

The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant¡¯s reliance on Ä¢¹½ÊÓƵAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...

Outcome: The application was rejected. The Ä¢¹½ÊÓƵDT found that the Applicant failed to establish a factual basis for her alleged expectation that her contract would be renewed, that she would be given a regularized position, or that she would be placed on special leave without pay at the expiry of her contract. The Ä¢¹½ÊÓƵDT therefore found that the decision not to renew the Applicant¡¯s temporary appointment was not unlawful.

Organization of work and discretion of the Secretary-General: The Secretary-General has wide discretion in the organization of work. 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. Decisions in this sphere may be set aside only on limited grounds, for example if the competent authorities breached procedural rules, or if discretion was exercised in an arbitrary, capricious, or illegal manner.Eligibility for consideration for conversion to permanent appointment: Pursuant to provisional staff Rules13.4 (b)...

Outcome: Judgment for the Applicant. The Ä¢¹½ÊÓƵDT ordered: (i) USD50,000 for the breach of the Applicant¡¯s right to be properly considered for an appointment beyond 31 December 2005 and resultant harm; (ii) USD20,000 for anxiety and emotional distress. The Tribunal finds that the Respondent failed to give full, fair, and proper consideration to the Applicant¡¯s candidacy, contrary to the unanimous recommendation of the Bureau of the COP. The Ä¢¹½ÊÓƵDT found that had the Respondent followed proper procedure and afforded proper consideration, the Applicant stood a significantly high chance of receiving an...

Legitimate expectation: The Tribunal held that while a legitimate expectation can be created by an express promise on the part of the Organization, given the special nature of fixed-term contracts within the Organization an expectation of contract renewal may also be based on the surrounding circumstances, including the practices of the Organization. In view of the foregoing, the Tribunal concluded that since there was a practice of renewing the Applicant¡¯s fixed-term appointment, he was entitled to expect its continued renewal unless there was a legitimate reason for not renewing the...

She alleged that the Administration advised her wrongly to resign from her 100-series fixed-term appointment (FTA) with Ä¢¹½ÊÓƵDP, Kosovo, in 2007, when she was offered a FTA with Ä¢¹½ÊÓƵV, Bonn, and argued that her resignation cannot be taken into account when assessing her eligibility for consideration for conversion, namely the requirement of 5-year continuous service. Following requests for additional information, the Tribunal found that the Administration put the Applicant into an illegal situation when she was first offered a 300-series appointment of limited duration with Ä¢¹½ÊÓƵV, Bonn, while she...

The Tribunal found that most of the Applicant¡¯s claims were time barred and that those which were not time barred were without merit. It was found that Ä¢¹½ÊÓƵON had paid the Applicant¡¯s SPA for the periods when he was entitled to it and that he no longer had any legitimate claims for SPA against Ä¢¹½ÊÓƵON. Employment Contract: A contract of employment is personal between the employee in each case and the employer. The terms of one¡¯s employment as stipulated in the letter of appointment or contract of employment is binding in personam between staff member and the organization and one cannot seek to...

Testimony of anonymous witnesses: The Tribunal held that the testimony of witnesses whom the Applicant has not had the opportunity to confront in proceedings is not inadmissible per se. However, a decision adverse to a staff member in a disciplinary case may not be based solely on this. There must be some independent evidence that can confirm the anonymous testimony, especially where the staff member has not had a chance to confront the witnesses and therefore challenge any incriminating evidence they have given against the staff member. The Tribunal also held that the requirements of due...