Ä¢¹½ÊÓƵ

When reviewing the conditions set out in Article 13 of the RoP, the Tribunal considered whether, in the light of the allegation of non-performance, the proper procedure relating to performance and e-PAS had been followed. It found that the decision was prima facie unlawful because the Respondent did not thoroughly follow its own rules and/or practices (a) by deciding not to renew the Applicant¡¯s appointment without allowing the rebuttal process to be completed, and (b) by its failure to ensure a timely implementation of the 2010-2011 e- PAS.

The Tribunal ordered the Respondent to pay to the Applicant the sum of USD10,000 for the anxiety and distress she suffered as a result of the Respondent¡¯s failure to give full effect to sec. 15.3 in ST/AI/2002/3 which requires ¡°maximum dispatch¡± in the completion of the rebuttal process.

Receivability/administrative decision: It would be inconsistent with its standard of review to allow the Tribunal to interfere with the review of a performance appraisal before the rebuttal process has been finalised.

Due process: The evaluation of the Applicant¡¯s performance for the 2008/2009 reporting cycle was not carried out in accordance with the established procedures and materially discredits the Respondent¡¯s case. Ä¢¹½ÊÓƵON had an obligation to defer the non-renewal decision until the rebuttal process had been completed but failed to do so. This was a violation of the Applicant¡¯s due process rights. Bad faith: The negative relationship between the Applicant¡¯s former FRO and SRO was contributory to the non- renewal of the Applicant¡¯s contract. The Applicant¡¯s SRO demonstrated ill-motive and unethical...

Decision of a technical body: A rebuttal panel should be considered as a technical body as per the provision of staff rules 11.2(b). Consequently, a decision of a rebuttal panel is not subject to management evaluation as a prerequisite before filing an application before the Tribunal. The preeminent purpose of management evaluation is to reconsider the initial decisions taken by the Administration. Where such reconsideration is delegated to a specialized body, there is no need for further administrative review. Rebuttal panel: The panel¡¯s mandate is fixed for two years and ST/AI/2002/3 did not...

Due process: The Tribunal held that there were two serious procedural flaws that violated the Applicant¡¯s due process rights: (i) the Ä¢¹½ÊÓƵICEF Handbook unduly restricted the grounds on which the Applicant could rebut her performance appraisal in a way not envisaged by ST/AI/2002/3; and (ii) By misinforming the Applicant and effectively causing her to abandon the other legitimate grounds of rebuttal she had intended to rely on, the Director of Human Resources flawed the whole rebuttal process. Rebuttal process: The Tribunal held that the rebuttal process was also flawed because the Rebuttal Panel...

The Tribunal rejected the Respondent¡¯s argument that this was a case of non-renewal and found that the Applicant¡¯s fixed-term contract was terminated on the grounds of alleged unsatisfactory performance for the period of 2007 to 2010. The Ä¢¹½ÊÓƵDT found that the performance evaluation report (¡°PER¡±) for 2010 cannot be lawfully relied upon to justify the finding of unsatisfactory performance as the Applicant had no opportunity of a meaningful rebuttal. Therefore, the termination of the Applicant¡¯s contract on the basis of poor performance was unlawful. The Ä¢¹½ÊÓƵDT also found that no proper...

As regards her e-Pas reports, the Tribunal found that the ratings resulting from the rebuttal processes had replaced the initial ratings and that hence the e-Pas reports cannot be annulled. Concerning the inclusion in the OSF of documents arising from the rebuttal processes relating to her e-Pas reports, the Tribunal found that only the documents specified in ST/AI/2002/3 and ST/AI/2010/5 are to be included in her OSF. It also found that the irregularities in relation to her e-Pas reports were of such gravity as to render them meaningless and that they are thus not be included in her OSF. The...

The Ä¢¹½ÊÓƵDT found that the Respondent¡¯s argument that no promise had been made was untenable. The evidence clearly indicated that Ä¢¹½ÊÓƵOPS Managers knew the Applicant would rely on the statements they made to her in regards to a one year contract extension. The Respondent repeatedly disregarded its own rules and regulations in the course of completing the Applicant¡¯s performance appraisal and subsequently conducted a flawed rebuttal process which was biased and unfair and violated the Applicant¡¯s due process rights. Promises made created expectancy of renewal - It is untenable for the Administration...

Promulgation of MONUSCO Administrative Instruction No. 2013/15: The Tribunal observed that MONUSCO Administrative Instruction No. 2013/15 is of general application to the extent that it applies to all MONUSCO personnel but it was not expressly issued for the implementation of any specific rules or ST/SGBs. However, it does not meet the requirements of ST/SGB/2009/4. Accordingly, the Tribunal held that the lack of promulgation of the AI does not of itself render the impugned decision null and void. Withdrawal of the Applicant¡¯s driving privileges: The Tribunal found that MONUSCO Administrative...