����AV

The Applicant’s letter of appointment stated that his appointment was subject to termination in the interest of the Organization, as determined by the Secretary-General. By signing his letter of appointment, the Applicant agreed that his appointment could be terminated, in addition to the reasons stated in the staff regulations and rules, this additional discretionary clause. The Tribunal considers that the determination of the interest of the Organization is the Secretary’s General exclusive attribute and the circumstances under which the Secretary-General is to determine “the interest of the Organization” can vary from one case to another. When determining the “interest of the Organization”, the Secretary-General may take into consideration the purpose of the United Nations, the implementation of the its mandate, together with the uniqueness of its organs and the specificity of the role and activity of the concerned staff member.In the present case the Secretary-General was responsible both for the implementation of the political and diplomatic mandate of UNAMA and for its good administration. Upon considering that the Applicant’s termination was in the interest of UNAMA, the Secretary-General had the discretionary power to take an administrative decision to protect the Organization and the mission’s mandate. In taking and implementing this decision, the Secretary-General did not breach any of the Applicant’s due process rights or the applicable regulations and rules. The UNDT found that the decision was not abusive, arbitrary or the result of some improper motives. The termination was in accordance with the Applicant’s letter of appointment which contained a clause that enabled to Secretary-General to separate him in “the interest of the Organization”. The Secretary-General did not abuse his discretionary power when he determined that separating the Applicant from service was in the best interest of UNAMA and the Organization.