Ä¢¹½ÊÓƵ

Whether the Applicant was promised a renewal

The general verbal statement made by the CITO/ASG did not constitute an express promise to renew the Applicant¡¯s fixed-term appointment. It lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. The jurisprudence further requires a promise to renew a fixed-term appointment to be in writing.

There is no evidence of a firm commitment to renew the Applicant¡¯s fixed-term appointment. While the Applicant sought to rely on the CITO/ASG¡¯s verbal statements in March...

The written reprimand

Factual basis for the imposition of the measure

Ä¢¹½ÊÓƵPAD, as an ad hoc special interest group, advocates for issues relating to conditions of work pertaining to staff members of African descent in the United Nations.

Ä¢¹½ÊÓƵOMS is established ¡°to make available confidential services of impartial and independent persons to address work-related issues of staff members¡± (see ST/SGB/2016/7 para 1.1). Ä¢¹½ÊÓƵOMS is guided in its work by four core principles, namely independence, confidentiality, neutrality, and informality.

It appeared from the information on record that the Applicant...

The Tribunal found that the Applicant had performance shortcomings as evidenced by the 2016 to 2019 ePADs and by the fact that he failed to initiate the 2020 ePAD.

The Applicant was aware or could reasonably be expected to have been aware of the required performance standards.

The Applicant was given a fair opportunity to meet the required standard and the Administration did not err by not availing him more opportunities to improve considering the totality of circumstances in this case.

The totality of circumstances supported a finding that the termination of the Applicant's appointment was...

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. It found that it would add nothing to his case presented in writing to hear from him in person and that an oral hearing would not assist in the expeditious and fair disposition of the case.

The Ä¢¹½ÊÓƵAT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the Ä¢¹½ÊÓƵDT but which it did not accept.

The Ä¢¹½ÊÓƵAT found that the WSSCC structure was closed down on 31 December 2020 at the instigation of its donors and replaced by another organisation (the Sanitation and Hygiene Fund). It...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the staff member had merely made unsubstantiated general claims about having the requisite skills and experience for his post to be retained.

The Ä¢¹½ÊÓƵAT was of the view that, as the Ä¢¹½ÊÓƵDT had correctly held, the staff member had failed to discharge the evidentiary burden to rebut the presumption of regularity that arose from the minimal showing of a rational basis for the decision.

The Ä¢¹½ÊÓƵAT found that the record confirmed that there was a genuine restructuring that led to the retrenchment of 29 staff members.

The record...

Ms. Mkhabela appealed.

As regards receivability ratione temporis, the Ä¢¹½ÊÓƵAT held that the RC could not be seen as having lawfully extended the time limits to file a management evaluation request. Apart from the fact that there is no evidence of such a promise, the truth is that the RC did not have such authority, which is only bestowed upon the Secretary-General, as prescribed by Staff Rule 11.2(c). Likewise, Ms. Mkhabela¡¯s claim that she was not apprised of the reasons or decision to deviate from the Transition Plan is without merit, as she is not entitled to be made aware of reasons behind...

Whether the Applicant was promised a renewal

The general verbal statement made by the CITO/ASG in March 2022 could not have constituted an express promise to renew the Applicant¡¯s fixed-term appointment. It lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. The jurisprudence further requires a promise to renew a fixed-term appointment to be in writing (see Kellie, para. 44). Contrary to the Applicant¡¯s suggestion, the verbal statement was not sufficient to support a firm commitment or an entitlement to...

The application was not receivable because it had been filed without awaiting the result of management evaluation.

Ä¢¹½ÊÓƵAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. Ä¢¹½ÊÓƵAT found no merit in Mr. Kilauri¡¯s contention that the Ä¢¹½ÊÓƵDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Mr. Pierre filed an appeal. Ä¢¹½ÊÓƵAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. Ä¢¹½ÊÓƵAT also found that Mr. Pierre had not provided sufficient evidence that the...