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UNDT/2013/045

UNDT/2013/045, Oummih

UNAT Held or UNDT Pronouncements

As regards the Applicant’s request for rescission of the contested decision, the Tribunal found that it was irreceivable insofar as decisions to extend a staff member’s appointment are not decisions adversely affecting a staff member and thus are not subject to appeal. As regards the Applicant’s request for a two-year renewal, the Tribunal further found that there were no legal provisions stipulating a particular duration of a fixed-term appointment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to renew her fixed-term appointment for one instead of two years.

Legal Principle(s)

Receivability of application against a renewal decision: It follows from staff rule 4.13(c) that when the fixed-term appointment of a staff member expires, the staff member has no right to renewal. Accordingly, a decision to extend a fixed-term appointment is a favorable decision that does not adversely affect the staff member’s rights and is thus not subject to appeal. Duration of renewal of fixed-term appointments: It follows from staff regulation 4.5 that fixed-term appointments may be of any duration, normally, for a period of up to five years.

Outcome
Dismissed as not receivable

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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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Oummih
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