Ä¢¹½ÊÓƵ

Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant¡¯s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent¡¯s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...

Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant¡¯s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent¡¯s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...

This is particularly the case in employment within the United Nations which is highly valued. Once out of the system the prospect of returning to a comparable post within the United Nations is significantly reduced. The damage to career opportunities and the consequential effect on one¡¯s life chances cannot adequately be compensated by money. Although the Applicant¡¯s suspension of action did not specify a date until which the requested suspension of action should be applied, the Ä¢¹½ÊÓƵDT granted it but limited it in time, per art. 13 of the Rules of Procedure of the Dispute Tribunal, to the...

The non-renewal of the Applicant¡¯s appointment was predicated on her harassment complaint of 12 April 2012 against her supervisor. The Tribunal finds and holds that the three elements for a grant of an order for suspension of action have been established in this case.

Renewal: Although staff members do not have an automatic right to renewal, they have a right to a fair consideration for renewal and for a decision based on proper reasons.Renewal, non-renewal, and limitations under art. 10.2 of the Statute: Staff rule 9.6(b) provides that ¡°[s]eparation as a result of ¡­ expiration of appointment ¡­ shall not be regarded as a termination within the meaning of the Staff Rules¡±. It is clear that non-renewal decisions are not covered by art. 10.2 of the Statute as they are not a form of termination.Selection of S-1 and S-2 level staff: There appear to be no rules...

The Tribunal held that whether an Applicant should be given reasons for the non-renewal of his or her fixed-term contract, even though fixed-term contracts carry no expectation of renewal, should be analyzed on a case by case basis. The Tribunal cited Obdeijn Ä¢¹½ÊÓƵDT/2011/032 which stated that ¡°even though a staff member does not have a right to an automatic renewal of a fixed-term contract, a decision not to renew such a contract may not be taken for improper motives, and the Tribunal is required to consider whether the motives were proper or whether countervailing circumstances existed in the...

Fixed-term appointments of short and long duration: The distinction made by Ä¢¹½ÊÓƵHCR between fixed-term appointments of long duration¡ªi.e., fixed-term appointments of one year or more granted further to a competitive selection process, based on the advice of an Appointments, Postings and Promotions body¡ªand fixed-term appointments of short duration¡ªi.e., fixed-term appointments of less than a year granted without a competitive selection process and not endorsed by an Appointments, Postings and Promotions body¡ªhas its legal foundation in staff regulation 4.3 and staff rule 4.15 (and former staff...

Reasons for non-renewal: While the Administration is not bound to provide a staff member with the reasons for the non-renewal of his or her appointment, when the staff member contests before the Tribunal the legality of the non-renewal decision, holding that the motives behind were unlawful, the Administration must communicate to the Tribunal such motives and show they were real.

Outcome: The Tribunal awarded the Applicant USD25,000 for the breach of his rights and the resultant harm. The Applicant also contested the decision to remove some of his functions from him and modify his reporting arrangements, to initiate and carry out a fact-finding management review in relation to his performance, and to place him on special leave with full pay (¡°SLWFP¡±). The Ä¢¹½ÊÓƵDT made the following findings. The Respondent failed to meet its obligations for assessing and managing the performance of the Applicant. The Respondent did not fully and fairly raise the performance issues at the...

On the score of prima facie unlawfulness, having considered the facts of the case, the Tribunal held that everything pointed to a suspect reason for the non-renewal of the Applicant¡¯s contract. The Respondent did not give a clear reason for non-renewal, even after the Applicant specifically requested for it. The Tribunal, thus concluded that the decision not to renew the Applicant¡¯s contract was prima facie unlawful. With regard to particular urgency, the Tribunal found that this requirement was clearly met since the Applicant¡¯s contract was to expire on 29 February 2012. The Applicant had...