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Was the decision to abolish the Applicant’s post lawful? Given that the role of the Tribunal is not to decide whether the Administration chose the best course of action among those available to it and in the absence of evidence of illicit motive, the Tribunal finds that the decision to abolish the Applicant’s post was lawful. The Tribunal finds that the Administration has given reasons for the non-renewal of the Applicant’s contract and has shown that the decision was neither arbitrary nor improper. Did the Applicant have a right to “return to work” at the completion of her maternity leave...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...

Receivability: The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...

There was a final decision because the performance rating of “partially satisfactory” became binding on the Applicant once the Rebuttal Panel issued its recommendation of 25 May 2018. The application, however, was not receivable because the Applicant failed to prove that there were direct legal consequences stemming from the Rebuttal Panel’s decision.

The challenged decision was not the termination but a mere notice that the Applicant’s permanent appointment may be terminated if he failed to secure a new position and rejected the agreed separation proposed. Accordingly, the contested administrative decision did not constitute a reviewable administrative decision in the sense of art. 2.1(a) of the Tribunal’s Statute.

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...

These positions to which the Applicant applied required specialized work experience which the Applicant did not have. The Administration reasonably concluded that the Applicant did not meet the minimum work experience required for these respective positions. Potential vacant posts likely to be created by an upcoming restructuring plan are not considered available posts. The Administration lawfully did not consider the Applicant for any potential vacant post. The Administration reviewed the Applicant’s candidacy for the positions he applied for and lawfully determined that he did not meet the...

The Applicant’s appointment was not renewed due to her own requests to leave prior to the end of her four-year rotation in that position. The record shows that the Applicant was well aware of the reasons for the non-renewal of her position and would have understood the contents of the notification letter related directly to her requests to Director and Deputy Director to leave her position. The record clearly demonstrates that the Applicant’s post was advertised due to her request to leave UNDP Guyana prior to the end of her four-year rotation. The Applicant cites no impropriety in the...

Any changes to the Applicant’s functions were simply a result of a change in management style by which the new head of department put herself more in center of the Applicant office’s work. The Applicant’s responsibilities were accordingly more aligned with her P-5 level and her job description rather than undertaking tasks at the D-1 level.

The various justifications given by the Administration suffered from inconsistencies and inaccuracies and not fully supported by the facts. However, the Tribunal finds that the Applicant failed to show that the decision was ill-motivated as alleged. The decision is unlawful. Reinstatement is not possible because the relevant office is closed. The Applicant did not prove that the harm was directly caused by the contested decision and therefore rejects his claim for moral damages.