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2013-UNAT-341

2013-UNAT-341, Appellee

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. UNAT concurred with the former UN Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member’s fixed-term appointment was not unlawful. UNAT agreed with the UNDT’s finding that the staff member had suffered no material harm from the series of renewals for short periods of time since her appointment was renewed and at the time of the judgment, she was still working for the Organisation. UNAT held that UNDT erred in law in awarding compensation in the absence of any procedural errors or any breach of the staff member’s legal rights while expressly affirming that she had suffered no material harm. UNAT upheld the Secretary-General’s appeal, vacated the award of damages and dismissed the staff member’s cross-appeal.

Decision Contested or Judgment/Order Appealed

UNDT judgment: The Applicant contested the decision to extend her fixed-term appointment for only one month and the decision to renew her appointment for short periods of time. UNDT found that the successive decisions to terminate her appointment were unlawful and awarded moral damages.

Legal Principle(s)

A fixed-term appointment does not carry any expectancy of renewal or conversion to any other type of appointment, irrespective of the length of service.

Outcome
Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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