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The contested decision was prima facie unlawful for the following reasons: i) there was a promise of renewal by the officer-in-charge that created a legitimate expectation of renewal, which placed on the Respondent a duty to consider whether it was not in the interest of the organisation that the expectation of the renewal of the employment should be fulfilled; and ii) the decision not to renew the contract of the Applicant appeared to be in breach of the Organization’s Rules and amounted to an abuse of discretion. On the question of urgency, the Applicant had been informed that his contract...

The decision not to renew the Applicant’s contract was prima facie unlawful because it appeared to be in breach of the Organization’s Rules and in breach of international legal norms relating to due process. On the question of urgency, the Applicant had been informed that his contract would be terminated on 3 September 2009. Notwithstanding that it had allegedly been agreed that the contract would be extended after 3 September 2009, the matter was still urgent because this was not the first time that this particular strategy had been used by the Respondent towards the Applicant. Having...

Conclusion on the duration of the suspension: “the length of the suspension is to be decided by the Tribunal depending on the nature and circumstances of the case and this discretion of the Tribunal cannot and should not be subject to any form of control by the administration”. The decision ordered on 1 September 2009 that the suspension of the contested decision to terminate the employment of the Applicant on 3 September 2009 would remain in force until the final determination of the appeal should be read as it appears and that the Applicant should be paid half his salary from the date of the...