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The Ä¢¹½ÊÓƵDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the Ä¢¹½ÊÓƵDT committed several errors of law, its main finding is not put into doubt by the Secretary-General¡¯s appeal. Therefore, in this respect, the Secretary-General¡¯s appeal cannot succeed. Ä¢¹½ÊÓƵDT's finding that Ä¢¹½ÊÓƵ-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

The Secretary-General filed an appeal. Ä¢¹½ÊÓƵAT granted the appeal and vacated the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that while the determination of which staff members should be compared is ¡°primarily guided by the functional title as per the staff member¡¯s letter of appointment¡±, there can be cases where the functional title does not reflect the actual functions performed as in the present case. In these circumstances, the CHRO must determine which individual falls into which occupational group. Ms. Barud¡¯s role and functions changed in May 2018 to a Facilities Management Assistant. Therefore, at the...

Ä¢¹½ÊÓƵAT held that the decision of Ä¢¹½ÊÓƵDT that the application in relation to the non-renewal decision was moot because the non-renewal decision never materialised was correct. Ä¢¹½ÊÓƵAT held that the non-renewal decision was overtaken by the Appellant¡¯s separation for health reasons and that the Appellant had not challenged the actual decision that ultimately resulted in the termination of her employment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had no obligation to consider the merits of the superseded decision once it correctly found that the application was moot. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the...

Performance evaluation: The Tribunal must accord deference to the Administration¡¯s appraisal of the Applicant¡¯s performance, and considering that the Applicant mostly does not dispute the underlying facts of the finding of poor performance, the Tribunal finds that the finding of poor performance is supported by evidence. Performance standards: the record does not support the Applicant¡¯s claim that he was given ¡°too many tasks too fast¡± as the tasks assigned to him were consistent with his job responsibilities as HR Analyst. In addition, the record does not support his argument that the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it would not approve the award of compensation when absolutely no harm had been suffered. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that a staff member had the right to be informed of administrative decisions affecting them, however, Ä¢¹½ÊÓƵAT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. Ä¢¹½ÊÓƵAT vacated the part of the Ä¢¹½ÊÓƵDT judgment awarding compensation.

Ä¢¹½ÊÓƵAT held that the Appellant was unable to show any illegality of fact, procedure or law in the Ä¢¹½ÊÓƵDT judgment which might have compelled it to decide in his favour. Ä¢¹½ÊÓƵAT held that to report to work on time, regularly, and without break is a basic duty of anyone who is employed. Ä¢¹½ÊÓƵAT held that the Appellant was given a fair hearing before Ä¢¹½ÊÓƵDT and the reasons for Ä¢¹½ÊÓƵDT dismissing his appeal were valid. Ä¢¹½ÊÓƵAT held that the decision not to renew the Appellant¡¯s contract was validly taken and called for no interference. Ä¢¹½ÊÓƵAT rejected the appeal.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in receiving the application in respect of a service contract. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. Ä¢¹½ÊÓƵAT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in failing to consider adequately the Appellant¡¯s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the Ä¢¹½ÊÓƵDT hearing, which included the opportunity to call evidence and to challenge the Administration¡¯s evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

Ä¢¹½ÊÓƵAT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.