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Fixed-term appointments of short and long duration: The distinction made by UNHCR between fixed-term appointments of long duration—i.e., fixed-term appointments of one year or more granted further to a competitive selection process, based on the advice of an Appointments, Postings and Promotions body—and fixed-term appointments of short duration—i.e., fixed-term appointments of less than a year granted without a competitive selection process and not endorsed by an Appointments, Postings and Promotions body—has its legal foundation in staff regulation 4.3 and staff rule 4.15 (and former staff...

Legitimate expectation: While a legitimate expectation can be created by an express promise on the part of the Organization, the Tribunal held that a promise can also be implied from the particular circumstances of a case or from what is held out to an individual. The Tribunal concluded that the Applicant did not have a legitimate expectation of renewal. Performance appraisal: When a staff member is given a rating indicating that he/she meets most expectations but that there is room for improvement, there is an implicit undertaking by the Administration that the staff member will be allowed to...

The Tribunal found that the decision regarding the Applicant’s reinstatement has a crucial impact on the case because had his request to be reinstated be considered positively, his service with the Organization would have been considered continuous. The Tribunal ordered the Administration to decide on the request for reinstatement after a policy including the conditions for reinstatement is promulgated and to review, afterward, the decision to consider the Applicant ineligible for consideration for conversion to a permanent appointment. The Tribunal remanded the contested decision to the...

Lawfulness of non-renewal decision: The Tribunal held that the instructions from UNHQ about the need for UNMIL to cut its budget by downsizing provided ample justification for the restructuring of the Mission which included the down-grading of a number of posts, including that encumbered by the Applicant. The Tribunal was satisfied that the reasons for the restructuring were genuine. Abolition of post: The Tribunal concluded that the contested decision was clear on its face that it was due to budget cuts and downsizing. Consequently, the Tribunal held that the reference to the abolition of the...

The complaint concerning the receivability of the decision not to grant the Applicant a continuing appointment was dismissed on two grounds. It was not receivable because the Applicant did not request management evaluation and secondly, because the Applicant was not in active service throughout the period of consideration as required by the provisions of section 2.6 of ST/AI/2012/3. The Tribunal found that the civilian staffing review conducted by the RSCE, resulting in the reduction of several posts, was conducted for a bona fide reason and its proposals were endorsed by the General Assembly...

As a staff member on an FTA, the Applicant had no right in law to have his contract renewed. The decision to abolish the post encumbered by the Applicant was taken for legitimate business needs in that it was within the discretion of the decision makers within OCHA to conclude that the functions being performed by the Applicant at the time were part of OCHA’s core mandate and that there was not the need to have a dedicated unit to carry them out. Having arrived at this decision and having regard to the need to streamline services and effect the required cost savings it was legitimate for OCHA...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant’s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant’s contract, constitutes a separation...

The Tribunal dismissed the application. Whereas the Applicant contended, that pursuant to ST/AI/2005/3 (Sick leave), his contract should have been extended beyond its expiry date, in order to allow him to avail himself of the right to exhaust his sick leave the Tribunal found that there was no evidence that (ST/AI/2005/3) expressly provided for its applicability to UNOPS and that the Applicant did not show that UNOPS accepted the applicability of the policy. Accordingly, the Tribunal held that there was no merit in the Applicant’s contention that it was unlawful to separate him from service...

Receivability What is the contested decision? The Tribunal found that the Applicant did not contest the decision to grant her a permanent appointment, as argued by the Respondent. Rather, the Applicant contested the decision not to “provide her with an effective remedy” after having been granted a permanent appointment with retroactive effect to 30 June 2009, namely not being given employment against the permanent appointment or, in the alternative, not being granted compensation equivalent to the termination indemnity. Does the principle of “res judicata” apply? The Applicant requests to be...

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...