�鶹��ý

The Secretary-General appealed the UNDT judgment as it related to the non-renewal decision only. UNAT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. UNAT found nothing objectionable with the UNDT’s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. UNAT held that UNDT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the UN body which had engaged Ms Loose at the time of the separation was still...

UNAT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. UNAT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. UNAT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the UNDT judgment. UNAT dismissed the appeal and affirmed the UNDT judgment.

The Secretary-General appealed UNDT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. UNAT held that UNDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. UNAT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct in its finding that the decision to terminate the Appellant’s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. UNAT held that it was not necessary for it to deal with the issue of whether UNDT erred in its finding that the Administration failed to comply with its obligation of retention. UNAT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General’s argument that UNDT had erred in finding Mr Nugroho...

UNAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before UNDT for its consideration, UNAT should not consider them. UNAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. UNAT held that UNDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant’s fixed-term appointment. UNAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the UNRWA Commissioner-General acted unreasonably. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

As a preliminary matter, UNAT held that UNRWA DT exercised its discretion in consolidating the cases lawfully and appropriately. UNAT held the impugned decision was taken in good faith and on a reasonable basis. UNAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. UNAT held that the Appellants’ claim that their acquired rights were violated was without merit. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

UNAT held that the Appellant did not meet the burden of showing that the UNDT Judgment was defective on the grounds outlined in Article 2(1) of the UNAT Statute. UNAT held that UNDT fully and fairly considered the Appellant’s allegations and there was no error of law or fact in the UNDT Judgment. UNAT held that there was no evidence that the Appellant’s gender or status of being on maternity leave factored into the decision not to renew her contract. UNAT held that the reasons proffered by the Administration for not renewing the Appellant’s fixed-term appointment, namely the lack of funding...

Chapter 6.3.1 of the UNHCR Staff Administraion and Management Manual (SAMM) provides that “staff members on active duty who hold an indefinite or a fixed-term appointment will be entitled to maternity leave with full pay for a total period of 16 weeks comprising a pre-natal and a post-natal period. When the expiry date of a staff member’s fixed-term appointment, which is not considered for renewal, falls before the beginning of the six-week period prior to the delivery date, there will be no entitlement to maternity leave”.The Applicant’s contract expired on 31 December 2006. At that time, she...

The applicant was not separated because of the expiry of his fixed term contract, but because of the applicant’s shortcomings and of the fact that his performances did not meet expectations; the applicant was rated for two consecutive years “partially meets expectations”. The Tribunal finds that the applicant has been afforded his due process rights and that his rights were not violated. In the present case, the decision not to renew the applicant’s fixed-term appointment is not unlawful.