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ST/AI/292, dated 15 July 1982, provides measures in relation to the filing of adverse materials in personnel records, which measures were supposed to be interim in nature. In the context of the current framework of norms, ST/AI/292 alone does not provide adequate “rebuttal” procedures for short-term staff. The creation of two classes of short-term staff which potentially occurs via ST/AI/2002/3, based on management discretion is not fair; where the provisions of ST/AI/2002/3 are applied to some short-term staff and not others, this violates the doctrine of equal treatment in like circumstances...

The e-PAS report for 2007-2008. The Applicant’s behaviour was not appropriate or cooperative, placing her first reporting officer in a difficult position. Nevertheless, under ST/AI/2002/3, it is the duty of the first reporting officer, as well as the head of department and managers with supervisory authority, to make sure that the staff member’s individual work plan is completed on time, and the Organization remains ultimately responsible for the implementation of the e-PAS system. The e-PAS report for 2008-2009. A one-year delay in signing-off on an e-PAS report is clearly improper under sec...

The Tribunal observes that the Applicant’s claims concerning the decision to take into consideration events post-dating 31 March 2010 and the decision not to allow him to rebut his performance appraisal became moot and it considers that he failed to show that he was still suffering any injury because of these reversed decisions. It further notes that the rebuttal process is still pending and it therefore rejects as premature the Applicant’s claims concerning the decision to apply ST/AI/2002/3 and the decision to carry out a single appraisal. It also rejects his claims of bad faith, abuse of...

The UNDT identified several deviations in the performance evaluation procedures, but found that some of them resulted from the Applicant’s actions. The UNDT found that no harm warranting compensation was caused to the Applicant, including to her career, by the identified deviations in the performance evaluation process as the Applicant separated from service for medical reasons. The UNDT further found that the decision to reassign the Applicant within the same department was lawful. The application was rejected.

Outcome: The Tribunal found that the Secretary-General acted properly within his broad discretion in deciding to take no action in relation to the Applicant’s appeal against the non-renewal of his fixed-term appointment, and the appeal was dismissed.

The procedures set out in ST/AI/2002/3 on the performance appraisal system were not complied with. While section 8.3 requires that as soon as a performance shortcoming is identified, the first reporting officer should discuss the situation with the staff member and take steps in consultation with him/her to rectify the situation, in the present case the Applicant received the rating “partially meets performance expectations” without being informed through the performance appraisal system of his shortcomings and thus without being given the opportunity to improve his performance. Since the...

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.

While finding that there had been a procedural flaw in the FOPA evaluation, inasmuch as the Applicant had been denied a rebuttal, the Tribunal considered that there was not causal effect between this flaw and the non-renewal decision, noting that the contested decision refers only to the third and last appraisal, which was made in accordance with the applicable rules. Resolution 59/296 and reappointment of 300 series staff members under 100 series: The said resolution authorises the Secretary-General to reappoint staff members holding an appointment under the 300 series of former Staff Rules...

The events leading up to the Applicant’s separation from service do not amount to a termination. The Applicant was in fact wrongly placed on Special Leave With Full Pay from 21 May 2004 to 31 December 2004. UNDP guidelines on Results and Competency Assessment do not confer any power on the Resident Representative to place a staff member on special leave with full pay for unsatisfactory performance as was done by the RR in this case. Not only was the decision to place the Applicant on SLWFP illegal, it was a disguised disciplinary measure designed to humiliate and embarrass the Applicant to the...

Non-promotion: As regards promotions and considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed in sink with the procedural and legal framework of the 2009 UNHCR annual promotions session, its methodology and to examine whether an irregularity vitiated a significant chance for promotion. The Applicant was not promoted due to a shifting of his candidature from one group to another, based on criteria which were not stipulated in the rules and at a stage in the course of the process of examination, which was in breach...