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Performance evaluation: The Respondent followed the Ä¢¹½ÊÓƵFPA Personnel Policy guidelines for the rebuttal process by having a review of the Applicant¡¯s appraisal by the Management Review Group (MRG) which conducted at least two reviews. However, since the second review was completed with insufficient time for the Applicant to submit a written statement of agreement to the Head of Office, wait for a response and then submit a written rebuttal, if necessary, the Respondent breached Ä¢¹½ÊÓƵFPA policy requirements and the right to due process. The Applicant had a mandated right as a dissatisfied staff...

Prima facie unlawfulness: The Tribunal found in Villamoran Ä¢¹½ÊÓƵDT/2011/126, that the mandatory 31-day break in service for staff between their fixed-term and temporary appointments, if not supported by law, is prima facie unlawful. The Respondent was ordered to provide evidence to support the decision but failed to do so. The evidence submitted neglected to show the publication date or the precise method of publication of the revised administrative instruction. The Administration has an obligation to properly announce amendments to Staff rules and regulations for decisions to be proper and made...

The Administration, on three separate occasions in 2000, determined that his post would remain classifiable at the P-3 level. In 2006, the Applicant made another request to have his post reclassified and a desk audit of the post was performed under ST/AI/1998/9, but the post remained classified at the P-3 level. The Applicant contended that the Respondent failed to comply with the established procedures as set out in ST/AI/1998/9, including that the Applicant was not provided with available documentation to justify the decisions and that this effectively deprived him from filing a meaningful...

The Applicant¡¯s alleged abuse of Buddy qualified as such conduct. Not returning the Applicant to the Canine Unit. It was proper not to return the Applicant to his former job after the disciplinary case against him had been dismissed. Not returning Buddy. Since Buddy was surrendered to the custody of the New York State Police, the United Nations would appear to have transferred back the property rights over Buddy to the New York State Police. Regardless of the outcome of the disciplinary case against the Applicant, it would therefore seem that the Respondent is not able to return Buddy to the...

Outcome: The Tribunal found that the Applicant¡¯s due process rights were observed by the Organization in its handling of the complaint and rejected the application in its entirety. The Tribunal found that the actions of the Organization in handling the complaint, both individually and in aggregate, met the requirements of due process.

Scope of the case. The Applicant¡¯s claims of harassment, sexual harassment and abuse of authority presented to the JAB were not independent claims in and of themselves, but merely constituted support for the Applicant¡¯s contention that her due process rights had been violated in the context of the non-renewal and non-extension. Considering the posture of the case presented to the JAB and on review by the Dispute Tribunal, the Tribunal is without authority to re-examine the investigation into the Applicant¡¯s sexual harassment charges. Exceptional case. With respect to the determination whether...

The case was not time-barred. As in Mezoui: (1) the Applicant had requested from the former United Nations Administrative Tribunal an extension of time to file her application; and (2) such extension was granted with a time limit of 30 June 2009 (the last day of the functioning of the Administrative Tribunal). The following additional factors were also taken into account: the Applicant¡¯s personal circumstances; the significant delays of the JAB proceedings compared to the relatively short delay on the part of the Applicant; and the Applicant¡¯s difficulties in finding out where to file the...

Outcome: Applicant awarded: (1) six months¡¯ net base salary in effect at the time of the selection process mentioned herein, as non-pecuniary compensation for the substantial and unwarranted irregularities in the selection process; and (2) three months¡¯ net base pay in effect at the time of the selection process for the stress experienced by the Applicant that was causally related to the Applicant¡¯s loss of chance/loss of opportunity.

Presumption of regularity. There is always a presumption that official acts have been regularly performed, but this presumption is rebuttable. If the Respondent is able to even minimally show that the Applicant¡¯s candidature was given a full and fair consideration, which he did not in the present case, then the presumption of law stands satisfied. Once a minimal showing has been made, the burden of proof thereafter shift to the Applicant, who need to show through clear and convincing evidence that he was denied a fair chance of promotion. Cancelling the first selection exercise and reissuing a...

No expectancy of renewal. Fixed-term contracts, such as the Applicant¡¯s in the present case, do not carry an expectancy of renewal, but a decision not to renew a contract may not be tainted by ulterior motives or extraneous considerations and reasons must be properly be supported by facts. Exception. While exceptions to the staff rules may be made, an exception would not be justified in the Applicant¡¯s case, because the Post that the Applicant¡¯s appointment was budgeted against had been filled by another staff member on a regular contract. Accordingly, with the Post no longer being vacant, the...