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UNDT/2020/037

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UNDT/2020/037, Rozefort

UNAT Held or UNDT Pronouncements

The Applicant’s appointment was not extended beyond its expiration due to the liquidation of the Mission. The decision not to extend the appointment was supported by the evidence and therefore lawful. The fact that the Applicant had incurred in personal debt does not generate an obligation on the Administration to find her an alternate post upon the closure of the Mission.

Decision Contested or Judgment/Order Appealed

Non-renewal of Applicant’s fixed-term appointment following abolition of her post.

Legal Principle(s)

Fixed-term appointments do not carry an expectation of renewal. Separation as a result of expiration of a fixed-term appointment takes place automatically, without prior notice, on the expiration date specified in the letter of appointment. The decision not to renew a fixed-term appointment can be challenged on the grounds that the Administration has not acted fairly, justly, or transparently with the staff member or was motivated by bias, prejudice or improper motive. The applicant must prove that improper motives tainted the decision. The abolition of a post is a lawful reason not to renew a fixed-term appointment

Outcome
Dismissed on merits

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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.

Full Judgment
Applicants/Appellants
Rozefort
Entity
MINUSTAH
Case Number(s)
UNDT/NY/2018/073
Tribunal
UNDT
Registry
New York
Date of Judgement
Judge(s)
Judge Adda
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Abolition of post
Non-renewal
No expectancy of renewal
Applicable Law
Staff Regulations
Staff Rules