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The Appeals Tribunal’s first finding is that the UNDT was correct in its holding that Section 17(d) of the Repatriation Policy is not in conflict with Staff Rule 3.19 (g) and, thus, the two sets of provisions fall to be read together coherently. 

We also find correct the UNDT’s reasoning that the application of Section 17(d) of the UNDP Repatriation Policy is not limited to UNDP staff members as it seeks to reconcile payments made to staff members within the United Nations system, irrespectively of the fact that the spouse is a UNDP staff member too or not, avoiding in any case to duplicate...

The UNAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator.  The UNAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans.  The UNAT found that the Organization’s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The UNAT also found that Mr. Guenfoudi’s allegations that his...

Whether the Applicant was promised a renewal

The general verbal statement made by the CITO/ASG in March 2022 could not have constituted an express promise to renew the Applicant’s fixed-term appointment. It lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. The jurisprudence further requires a promise to renew a fixed-term appointment to be in writing (see Kellie, para. 44). Contrary to the Applicant’s suggestion, the verbal statement was not sufficient to support a firm commitment or an entitlement to...

Considering that the Applicant opted for payment of the repatriation grant at the dependency rate, two options were open to her husband:

a.To claim a repatriation grant at the single rate for the period of service subsequent to the Applicant’s separation up to the date of his separation from service; or

b.If eligible to a dependency rate, to claim that rate for the whole period of qualifying service, minus the amount of the grant paid to the Applicant.

The evidence on record shows that the Applicant’s husband served three years after the Applicant’s separation. For these three years of non...

The Tribunal is seized of an application where the staff member contests the termination of her permanent appointment and separation from service due to unsatisfactory performance. The evidence shows that the Applicant’s performance was rated as either “partially meets performance expectations” or “does not meet performance expectations” since 2015, except for one cycle in which she “fully met” expectations. The Applicant only rebutted one of these performance evaluations, which, however, was upheld by the rebuttal panel. Accordingly, all of these performances evaluations are binding on the...

The Tribunal assessed the evidence gathered by the investigators in relation to each incident and concluded that, in most instances, there was no direct or corroboratory evidence of harassment or sexual harassment, and the investigators based their conclusions solely on V01’s narrative. Since almost all the evidence in support of the finding of misconduct comes from V01’s testimony, in opposition to that of the Applicant, establishing V01’s credibility is an essential exercise for a proper adjudication of the case.

However, the investigation failed to adequately establish the reliability of...

The issue was whether the Applicant was entitled to education grant for his son’s last year of a five-year degree program which includes two semesters (approximately one year) of no cost/no tuition co-operatives/internships.

The Tribunal held that since the Applicant's son was enrolled in his educational institution during years three and four of his programme, during which the co-op semesters were part of the curriculum, there was no basis not to count years three and four as school years. As these years entailed less expenses on account of tuition not being paid during the co-op semesters...

Whether the contested decision is lawful

Whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements

The Organization’s duty of care towards staff during the COVID-19 pandemic

Since March 2020, when WHO declared COVID-19 as a global pandemic, the Organization has ensured that all necessary measures are in place to support the safety and health of all UN personnel when carrying out the functions and responsibilities entrusted to them.

The nature of the Applicant’s functions may require her on-site presence, as evidenced by...

At the outset, the Tribunal recalled that based on the evidence on record, the Applicant’s main claim to have the contested decision rescinded had been rendered moot by the Applicant’s retirement. Therefore, the matter that remained for adjudication concerned compensation for the financial and moral harm.

In the entirety of the circumstances, the Tribunal concluded that the impugned decision had an improper motive and improper purpose and was therefore, unlawful. The Tribunal further held that based on the aforesaid, it was satisfied that the reassignment decision had a negative impact on...

On the issue of illegality, the Tribunal found that the Applicant had been removed from his official functions, without case or proper justification, and had been forced to re-apply for his own previous functions.  These decisions were taken without reference to any failings of the Applicant, misconduct, indication that he has not successfully performed his functions in the past, or indication that he would not be able to perform his functions in the future.

On the issue of damages, the Tribunal found that although the Applicant kept on holding a continuing appointment at the D-1 level, he...