AV

UNDT/2011/100, De Cruze

UNAT Held or UNDT Pronouncements

No expectancy of renewal. Fixed-term contracts, such as the Applicant’s in the present case, do not carry an expectancy of renewal, but a decision not to renew a contract may not be tainted by ulterior motives or extraneous considerations and reasons must be properly be supported by facts. Exception. While exceptions to the staff rules may be made, an exception would not be justified in the Applicant’s case, because the Post that the Applicant’s appointment was budgeted against had been filled by another staff member on a regular contract. Accordingly, with the Post no longer being vacant, the necessity to occupy it on a temporary basis with the Applicant became obsolete, and DPI therefore had neither the cause nor the resources to renew his contract. Bias. When an applicant alleges bias or any other improper motivation against her/him, the onus is on her/him to provide “sufficient evidence” to prove the contention, which he failed to in the present case Outcome: Application rejected in its entirety.

Decision Contested or Judgment Appealed

Non-renewal of temporary appointment.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

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