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To determine the lawfulness of the contested decision, the Tribunal examined the following issues:

a. Whether the Applicant’s performance was evaluated in a fair and objective manner.

The Tribunal noted that the contested decision was based on the Applicant’s records for the performance cycles of 2018-2019, 2019-2020, and 2020-2021. The Applicant received a rating of “partially meets performance expectations” for the 2018-2019 and 2019-2020 cycles and a rating of “does not meet performance expectations” for the 2020-2021 cycle.

The Tribunal reviewed the Applicant’s performance evaluations...

According to former staff regulations 9.1 and 9.3, the decision to offer an agreed termination is within the discretion of the Secretary-General. In accordance with the “note on agreed termination”, a guideline used by Administration to ensure equal treatment, the applicant was not in a situation in which the Organization may have considered that an agreed termination was in the interest of the good administration. In fact, his health problems were not grave enough to prevent the proper exercise of his functions in accordance with the recommendations of the Medical Joint Service. Neither did...