Ģ��ƵDT/2023/144

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Tribunal found that the Applicant had not met the requisite standard to rebut the presumption that the restructuring was genuine and therefore a valid reason for not renewing her FTA.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of the United Nations Office for Project Services (��Ģ��ƵOPS��), filed an application contesting the decision on the abolishment of her post and the non-renewal of her fixed-term appointment ("FTA").

Legal Principle(s)

A restructuring exercise which may result in loss of employment for staff members falls within the Secretary-General��s discretionary authority (see, for instance, Loeber 2018-Ģ��ƵAT-844). The Appeals Tribunal has affirmed that the Tribunals will not interfere with a genuine organizational restructuring exercise even though it may have resulted in the loss of employment of staff (see, for instance, Matadi et al 2015-Ģ��ƵAT-592) and the restructuring may have been unwise (see, for instance, Collins 2020-Ģ��ƵAT-1021). There is, however, a duty for the Administration to act fairly, justly, and transparently in dealing with staff members during a restructuring exercise (see Abdeljalil 2019-Ģ��ƵAT-960).

Outcome

Dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Tadic

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