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The Tribunal is aware that one thing is a budgetary provision, although assessed as operational, and that another thing is the concrete ed effective availability of the funds to be used to cover staff costs. In this case, however, the Respondent, who bears on this issue the burden to prove the specific and concrete financial situation, gave no evidence about the alleged cash problems or inconsistency of the budget. The decision by the Organization to terminate the Applicant¡¯s continuing appointment is therefore not justified and unlawful. Furthermore, the decision was not preceded by the due...

The Respondent did not select the Applicant for GJO 71792 because he failed a competency-based interview. Passing a competency-based interview is a lawful requirement envisioned by art. 101.3 of the United Nations Charter and set by the Staff Regulations and Rules that form an integral part of the Applicant¡¯s terms of employment. The Respondent complied with all the relevant statutory requirements in the selection process leading to the contested decision. It was clear from the jurisprudence that the Applicant¡¯s argument that the Administration should have considered his previous scores in...

Once he was notified that he would not be separated from the Organization, the Aplicant was not entitled to a repatriation grant for his dependents. By allowing his family to travel back to his country of origin regardless, he incurred the liability of an overpayment of the repatriation grant to which he was not entitled. The Organization was entitled to recover the overpayment from the Applicant.

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

The fact that the Applicant had only a few months left to reach full retirement age and that if she had been allowed to reach mandatory retirement age her terminal benefits would have been better than what she received on termination, or the fact that the Field Staff Union intervened to have her granted a brief extension, or that she was afforded less days¡¯ official notice before termination do not constitute valid grounds for alleging that the abolition of her post was irregular. These were not relevant matters that the Administration was obliged to consider. The Respondent conceded that one...

The evidence shows that the Applicant was put on notice of her performance shortcomings orally during the period of the first performance appraisal and in writing thereafter. The Applicant continued to receive feedback on her appraisal throughout the period of the second appraisal. The Applicant elected to submit a written explanatory statement which, as agreed with the Management Evaluation Unit, was included in her Official Status File. In conclusion, the evidence shows that while some procedural irregularities occurred in the recording of the Applicant¡¯s performance,t eh overall evaluation...

In the preliminary assessment of the complaint, the responsible official correctly reviewed not only the Applicant¡¯s allegations but also the evidence he provided. The responsible official reasonably (a) found no grounds to believe that the subject of the complaint had engaged in unsatisfactory conduct, and (b) concluded that the evidence did not reveal a pattern of harassment. No evidence showed that the authority to review the complaint had been unlawfully delegated or any other procedural irregularity. While the responsible official could have better spelled out the managerial measures...

The Applicant missed the 90-day deadline to file the application which is, therefore, time-barred.

Considering that the Respondent did not contest the merits of the allegations as set out in the applications, the Tribunal found that the contested decisions, i.e., to remove the Applicant from his position, to place him on SLWFP and not to renew his appointment were unlawful. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. The Tribunal considered that the decision to remove the Applicant from his position was, in fact, subsumed in the ultimate decision not to renew his fixed-term appointment. Therefore, having found that both decisions...