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UNAT considered an appeal by the Secretary-General. UNAT held that UNDT 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, UNAT held that UNDT erred in receiving the application in respect of a service contract. UNAT held that UNDT 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...

UNAT considered an appeal by the Secretary-General. UNAT 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. UNAT 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. UNAT...

UNAT held that UNDT 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 UNDT hearing, which included the opportunity to call evidence and to challenge the Administration’s evidence. UNAT held that UNDT 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. UNAT allowed the appeal, set aside the UNDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

UNAT 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. UNAT held that UNDT 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. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that her appointment was terminated due to a lack of funding; several of her colleagues also had their fixed-term appointments terminated for the same reason at the same time. UNAT held that the fact that the Appellant may have complained about her working conditions or cooperated in any subsequent preliminary investigation into possible harassment, did not on its face exposes her to the termination. UNAT held that there was no reversible error on part of UNDT. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT noted that there was no evidence to support the Appellant’s allegations that the statements of her witnesses were used in their entirety by UNDT and, even assuming that the UNDT had been in breach of its rules of procedure by making those statements, UNAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. UNAT held that the Appellant’s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that UNDT...

UNAT held that the Appellant failed to establish that the UNDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, UNAT held that it was new evidence, for which leave was required, in order to adduce it before UNAT. UNAT did not find any exceptional circumstances existed to require it to consider the new evidence. UNAT held that UNDT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

UNAT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. UNAT held that the appeal was receivable because UNDT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. UNAT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...

Although the Administration failed to take into account the Applicant’s upgraded performance appraisal, UNAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. UNAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the UNAT Statute. UNAT allowed the appeal in part, modifying the UNDT...

UNAT held that, in order for the Appellant’s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and UNAT held that it found no reason to reverse the finding of UNDT that there was no evidence of such a commitment. UNAT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. UNAT held that the need for translator services at UNAMI could...