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Decisions of the General-Assembly - A decision of the General Assembly is binding on the Secretary-General who has a duty to implement it. The Applicant lacks the capacity to challenge the non-renewal of her appointment in so far as it is properly implemented in consequence of the General Assembly¡¯s decision to abolish it. Interpretation of section 3.7 (b) of ST/AI/2013/4 - Section 3.7 (b) does not envisage a situation of post abolishment. The said section contemplates a situation where the post formerly encumbered by a former or retired staff member continues to exist and the separated staff...

The Applicant, as a former Service Contractor, does not have standing to submit an application to the Tribunal pursuant to article 2.1 and 3.1 of the Tribunal¡¯s Statute.

The Ä¢¹½ÊÓƵDT found that the element of the application concerning conversion to permanent appointment was not receivable as the Applicant had not requested management evaluation of this decision. In respect to the receivable elements of the application, the Ä¢¹½ÊÓƵDT found that the Applicant had no legitimate expectation of renewal. However, the Tribunal found that the decision not to renew his appointment was unlawful, as it was based on a flawed performance management process. In particular, in the Applicant¡¯s first performance cycle, there were significant delays in the implementation of the various...

Role of Managers in the United Nations - A manager in the United Nations Organization is not supposed to set his or her supervisee up for failure as was done in this case. Rather, the manager has a duty to help the supervisee by affording him or her opportunity to improve in any area that his or her performance is found unsatisfactory. Duty to give reasons for non-renewal - The Respondent has a duty to provide reasons for the non-renewal of contract when requested by the affected staff member. The reasons proffered by the Respondent for the non- extension of the Applicant¡¯s TA contract are not...

The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s substantive post has not existed for the past two years and that the Applicant has temporarily encumbered vacant posts to which he was not recruited since then, it is evidently too late in the day to challenge the abolition of his post which took place in 2013. General Assembly Resolutions - To the extent that the decision to abolish the Applicant¡¯s post was that of the GA, this Tribunal lacks jurisdiction to review the said decision.

The Tribunal found no evidence of an express promise in writing sufficient to support a legitimate expectation of renewal of appointment. The Tribunal also found that the reason given for the decision was sufficiently supported by the weight of the credible evidence. The Applicant did not meet the burden of proving that the decision was motivated by bias, prejudice or discrimination.

Lawfulness of non-renewal decision: The Tribunal held that the instructions from Ä¢¹½ÊÓƵHQ about the need for Ä¢¹½ÊÓƵMIL to cut its budget by downsizing provided ample justification for the restructuring of the Mission which included the down-grading of a number of posts, including that encumbered by the Applicant. The Tribunal was satisfied that the reasons for the restructuring were genuine. Abolition of post: The Tribunal concluded that the contested decision was clear on its face that it was due to budget cuts and downsizing. Consequently, the Tribunal held that the reference to the abolition of the...

Downsizing: The Tribunal found that the decision to cut the Applicant¡¯s post and to not renew her appointment beyond its expiry was made in the context of the downsizing of the Mission. It was a rational decision made in light of the needs of the Organization. It was made and conducted in accordance with the procedures outlined in the information circulars. It was, with the exception of the short delay in conveying the actual decision, procedurally regular and lawful.Comparative review process: The Tribunal concluded noted that the functional title of the Applicant¡¯s post did not match the...

Restructuring process: The Tribunal concluded that there were no procedural irregularities in either the creation of Oversight and Support Division (OSD) or the subsequent restructuring/realignment process. Both were undertaken in a fully transparent manner, with full consultation of all staff members including the Applicant. Sufficiency of reasons: The Tribunal concluded that the Applicant was given reasons for the decision on more than one occasion including those conveyed to her by her staff representative following a meeting with Ä¢¹½ÊÓƵDP Senior Management. These reasons were based on the...

Ä¢¹½ÊÓƵDT held that the non-renewal of the Applicant¡¯s contract was unlawful and that this decision was made in breach of his due process rights. Ä¢¹½ÊÓƵDT held that the Panel erred when it recommended that the Applicant¡¯s contract should not be renewed. Ä¢¹½ÊÓƵDT noted that the Administrative Instruction ST/AI/2010/5 does not grant a rebuttal panel the power to make recommendations on the extension or termination of a staff member¡¯s contract. Ä¢¹½ÊÓƵDT also noted that not all procedural errors are prejudicial and not all procedural errors violate a party¡¯s due process rights, and it behooves the Tribunal to...