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UNAT affirmed the decision of UNDT that the Appellant’s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. UNAT held that UNDT did not err in limiting the scope of his application to the non-renewal. UNAT concurred with the former UN Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member’s fixed-term appointment...

UNAT considered an appeal of judgment No. UNDT/2013/151 by the Secretary-General. As a preliminary matter, UNAT held that UNDT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and UNAT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. UNAT held that UNDT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by UNAT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

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...

A single testimony reporting discriminatory statements made by an individual is insufficient to establish whether such statements were made if the accused individual denies having made such statements. From the moment that a confrontational relationship exists between a senior staff member and his/her supervisor, the Judge, without its being necessary to determine who bears a responsibility of the conflict, considers that the interest of the service requires addressing without delay the conflict and justifies the non-renewal of the staff member’s contract, unless, in the instant case, the...

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.