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The UNAT declined Mr. Turk’s request for an oral hearing, and found no error in the UNDT’s decision not to order the production of additional documents.

The UNAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The UNAT also confirmed that the Tribunals will not interfere with the Organization’s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the UNAT held that the...

The underlying reason behind the Applicant’s FTA not being renewed was the fact that he could not obtain a visa to join his duty station.  In the case at hand, the Applicant was not able to demonstrate that the decision not to renew his FTA beyond its expiration date was illegal, arbitrary or tainted by ulterior motives. As per the legal framework, an FTA does not carry any expectancy, legal or otherwise, of renewal, and shall expire automatically and without prior notice on the expiration date specified in the letter of appointment. In addition, obtaining a visa was, indeed, a condition sine...

UNAT considered an appeal by the Secretary-General. UNAT affirmed UNDT’s decision that the 60 days’ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. UNAT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). UNAT held that UNDT’s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...

UNAT consolidated the 51 appeals into seven groups heard by seven judicial panels, the first group (Kagizi et al. judgment No. UNDT/2016/131) being heard by the full bench. UNAT dismissed the appeals. UNAT confirmed UNDT’s finding that the appellants lacked standing to challenge the non-renewal of their appointments in so far as they were deemed to be a direct challenge against the General Assembly’s decision to abolish the posts. UNAT noted that, while in other aspects, UNDT regarded the applications as receivable and dealt with the merits of the case, those findings were not substantially...

UNAT rejected the Appellant’s unsubstantiated allegations of bias and conflict of interest against the judge who signed the impugned judgment. UNAT considered that: (1) the Appellant did not provide any evidence of his suitability for conversion to a continuing appointment; (2) his appeal was based solely on the impossibility of the retroactive extension of his fixed-term appointments; and (3) he had been made aware that his fixed-term appointment would be extended pending the appropriate assessment of his performance under the rebuttal process. Accordingly, UNAT held that the UNDT was correct...

UNAT held that UNDT correctly concluded that Mr Russo-Got’s application against the abolition of his post was not receivable, as he had failed to make a request for management evaluation within time. UNAT held that UNDT also correctly dismissed his application against the non-renewal of his FTA because he had received notice of the date of the non-renewal, there was no express promise to renew, and UNOPS was not obliged to find him an alternative post.

UNAT agreed with UNDT and found that the administrative decision could not be regarded as a “disguised termination”. UNAT held that the staff member was not separated from service on 29 May 2019, and he in fact continued to retain his full position, rights, and entitlements of a staff member until the expiry of his FTA on 30 June 2019.

The Tribunal found that the decision to reassign the Applicant was an unlawful exercise or the Administration’s discretion because, although the decision was based on her alleged poor performance, the Applicant’s performance had never been evaluated in accordance with the established procedures. The subsequent decision not to renew her contract was flawed for the same reason. Whilst the official reason given was that the Applicant did not accept the post offered or apply for another one, the Tribunal found that the non-renewal decision was motivated by the Applicant’s supervisors’ assessment...

The Tribunal finds that none of the applicable provisions prevented the renewal of fixed-term appointments for a period of less than a year. It further finds that the alignment policy was properly issued and rejects the Applicant’s allegations of improper motives and discrimination. Terminology: renewal/extension: The wording of staff rule 4.12 and 4.13 shows an undifferentiated use of the terms “renewal” and “extension”. Delegation of authority: A delegation of power should not be guessed at or presumed. Organizational measure: A policy which consists, for a UN Secretariat office away from...

The Tribunal therefore found that the Applicant failed to satisfy the overall test for a suspension of action with respect to that decision. With respect to the decision to require her to take a break in service prior to her placement on a temporary appointment, the Tribunal found that the three requirements of art. 2.2 of the Tribunal’s Statute were satisfied. The Tribunal found that, for staff on fixed-term appointments who are being reappointed under temporary appointments following the expiration of their fixed-term appointments, there is no requirement, in law, to take a break in service...