¹ú²úAV

UNAT preliminarily denied the request for an oral argument and then considered the merits of the appeal. UNAT found that the requirements of Article 2(1) of the UNAT Statute were not fulfilled in the Appellant’s case as UNDT did not commit an error of fact, resulting in a manifestly unreasonable decision. UNAT noted that the evidence showed that the Administration was involved in a process of revision of activities in Iraq, rationalizing of staff, realignment of functions, and reduction of budget. These administrative activities led to the redeployment of the post encumbered by the Appellant from Kirkuk to Baghdad. UNAT also noted that the Appellant never expressed his willingness to accept a similar appointment in Baghdad and he did not participate in the written assessment to remain in Kirkuk. Moreover, The United Nations Assistance Mission for Iraq (UNAMI) advertised three job openings for Associate Political Affairs Officer positions at the NPO-A level in Baghdad and the Appellant did not apply to any of them. UNAT held that there was no evidence that the 2014 budget proposal or communications with UNAMI management throughout 2012 and 2013 gave rise to a legitimate expectation of renewal in the Appellant’s case. UNAT shared UNDT’s view that the contested decision was not ill-motivated or taken in bad faith and found no fault with its decision. UNAT accordingly dismissed the appeal in its entirety and affirmed UNDT’s judgment.