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The UNDT found that the element of the application concerning conversion to permanent appointment was not receivable as the Applicant had not requested management evaluation of this decision. In respect to the receivable elements of the application, the UNDT found that the Applicant had no legitimate expectation of renewal. However, the Tribunal found that the decision not to renew his appointment was unlawful, as it was based on a flawed performance management process. In particular, in the Applicant’s first performance cycle, there were significant delays in the implementation of the various...

he Tribunal rescinded the decision not to grant the Applicant a continuing appointment and ordered the Respondent to grant the Applicant a continuing appointment retroactively from 7 June 2014. As the contested decision concerned a question of appointment, the Respondent was given the alternative option of paying the Applicant USD5,000 in compensation. The Applicant’s request for moral damages was rejected.

The Tribunal found that the Applicant had not been selected by a Secretariat review body, which is a requirement under sec 2.1 of ST/SGB/2011/9. The Tribunal held that this was rational and consistent with General Assembly resolution 65/247 that for continuing appointments with the Secretariat, the requisite review be done by a Secretarit review body rather than other specialized review bodies. This condition was not satisfied in the Applicant’s case. Accordingly, the impugned decision not to grant the Applicant the continuing appointment was correct. The application was thus dismissed.

Whether the application is receivable in its entirety In determining the date when the three-year statutory period under art. 8.4 of its Statute should run from, the Tribunal recalls that “a written decision is necessary if the time limits are to be correctly, and strictly, calculated. Where the Administration chooses not to provide a written decision, it cannot lightly argue receivability, ratione temporis” (see Manco 2013-UNAT-342, para. 20). Without receiving a notification of a decision in writing, it would not be possible to determine when the period of three years for contesting the...