Â鶹´«Ã½

Break in service: The Tribunal has not found a policy on mandatory breaks in service and no document has been produced recording it. The respondent has failed to demonstrate a consistent application of the practice of enforced separation between temporary contracts. Further, there was a deliberate delay in progressing the appointment of the applicant which was to her detriment. Compensation: The applicant is to be placed in the position as if there had been no such break in service in May 2008. The manner in which the applicant was treated, aggravated by the exercise of an abuse of power...

Section 5.5 of ST/SGB/2002/6 does not give the right to request the removal of a candidate’s name from the list of recommended candidates as an alternative to a request for clarification. Therefore, the selection process was procedurally flawed which gives a right to compensation. It is not the Tribunal’s competence to substitute the Administration’s decision to select between suitable candidates.

The Applicant also contested the adequacy of compensation paid to her for having been placed in a hostile work environment. The UNDT found that the Administration was obliged, at the expiration of the three years, to make a decision to either separate the Applicant or to grant her a permanent appointment. The Administration’s reliance on former staff rule 112.2(b) (on exceptions to staff rules) to further extend her probationary contract was improper as the procedural requirements of that staff rule were not met as the Applicant did not agree to the extension. The UNDT found that the...

Fixed-term appointments of short and long duration: The distinction made by UNHCR between fixed-term appointments of long duration—i.e., fixed-term appointments of one year or more granted further to a competitive selection process, based on the advice of an Appointments, Postings and Promotions body—and fixed-term appointments of short duration—i.e., fixed-term appointments of less than a year granted without a competitive selection process and not endorsed by an Appointments, Postings and Promotions body—has its legal foundation in staff regulation 4.3 and staff rule 4.15 (and former staff...