����AV

The Applicant’s appointment rested with the Human Resources Section and not the DMS, the mere recommendation by the latter of extension of the contract did not constitute a firm commitment for the Organization under the applicable jurisprudence, nor did the extension of his ground pass, which is a mere organizational permission. Therefore, the Tribunal finds that the Applicant did not have a legitimate expectation of renewal of his fixed-term appointment. The Applicant’s post was among those whose unique function was to be abolished in the affected unit and therefore, deemed to be a “dry cut”...

Non-renewal of the Applicant’s fixed-term appointment due to the lack of funding The proffered reason for the non-renewal is supported by evidence. The post encumbered by the Applicant was funded by funds received under service level agreements, and the Applicant’s salary in 2016-19 were fully covered by a specific service level agreement, whose contributions were reduced to the extent that they were insufficient to cover the Applicant’s salary. The Applicant questioned why other staff members were not affected by the reduction of funding, but none of the other staff members’ salary was fully...

The Tribunal found that the contested decision was not based on improper motives as had been alleged by the Applicant. Rather, UNDP had acted farily and transparently. Thus the Tribunal held that there was no illegality, irrationality and unfairness in the impugned decision.

Relevant matters were ignored. The timing and circumstances of the Applicant’s appraisals, sick leave taken, the nature of the four-month assignment in 2018 and the reasons for it, are relevant. These factors have been considered in coming to a determination that a proper exercise of the Respondent’s discretion would have been to consider an appraisal of the Applicant’s work for the four-month period in 2018. The Applicant was on sick leave for the first seven months of the year but there is no provision in the regulatory framework indicating that the appraisal for a shorter period of work...

Receivability The Applicant’s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant’s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal’s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...