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UNDT held that the application was receivable ratione temporis and ratione materiae. UNDT held that it could not be stated that the decision of nonrenewal was an improper exercise of discretion. UNDT held that the evidence showed that the Applicant’s appointment was not renewed because there was no further funding available. UNDT held that there was no evidence to support the Applicant’s contention that the decision to extend her contract in January 2008 using Joint Integrated Technical Assistance Programme funds, while she was working on other projects, was done in order to prepare the ground...

In accordance with former staff rule 104.12(b)(i) and provisional staff rule 4.13(c), the Applicant cannot claim a right to the renewal of her fixed-term appointment. The Applicant claims that the difficult working relationship she had with her supervisor led the latter, with the objective of getting rid of the former, to seek the reclassification of her post at a higher level. However, the Applicant does not prove that the non-extension of her appointment results solely from the desire of her supervisor to remove her from the service, nor that, consequently, the contested decision appears...

In the present case, the Applicant, who was advised by OSLA that his case lacked legal merit and who nevertheless could be represented by a counsel of his choice before the Tribunal, cannot claim that his due process rights were violated. The Tribunal reiterates that a fixed-term appointment carries no expectancy of renewal. However, the Judge must examine whether the Administration’s actions may have created a legitimate expectation of renewal and whether the decision not to renew the appointment was motivated by extraneous factors. In the present case, the decision not to renew the Applicant...

A single testimony reporting discriminatory statements made by an individual is insufficient to establish whether such statements were made if the accused individual denies having made such statements. From the moment that a confrontational relationship exists between a senior staff member and his/her supervisor, the Judge, without its being necessary to determine who bears a responsibility of the conflict, considers that the interest of the service requires addressing without delay the conflict and justifies the non-renewal of the staff member’s contract, unless, in the instant case, the...

UNDT found that the Applicant did not challenge the non-renewal of her contract in a timely manner and also did not rebut her final e-PAS rating as partially meeting expectations, which rating must be accepted by UNDT as final. UNDT found that the Applicant was aware, during her employment, of the criticisms concerning her performance and that it would have been reasonable for her to conclude that performance-related factors may have been considered by the Administration in deciding not to renew her contract. UNDT found that under Costa 2010-UNAT-036 it does not have the power to waive or...

The applicant did not have a legitimate expectancy of renewal. No express promise by the Administration could be found. Had there been one, the letters of appointment signed by the applicant explicitly state that fixed-term appointments do not carry any expectancy of renewal. No promise could override the clear words of the letters of appointment signed subsequently. It cannot be stated that the non-renewal decision was based on improper motives or otherwise constituted an abuse of discretion. The Organization was not bound to give any justification for not extending the applicant’s fixed-term...

The various letters of appointment that the applicant had received in the past contained a provision of non-expectancy of renewal. The applicant’s main contention was that the non-renewal of his fixed-term appointment was an act of retaliation because he reported some allegations of financial fraud. The respondent’s primary submission is that the non-renewal of the applicant’s fixed-term appointment was based on unsatisfactory performance as evidenced in some PAS reports, which had later been upheld by a rebuttal panel. UNDT found that the decision not to renew his fixed-term appointment was...

The Administration’s decision not to renew the Applicant’s fixed-term appointment beyond September 30 2009 was not informed by improper motive, arbitrariness or other extraneous factors. The Applicant, in merely settling into his reassignment to clerical duties in JRAU, not only deluded himself as to the security of his employment with the ICTR but was utterly unreasonable and careless regarding his own career prospects and must bear the blame for the fall-outs of his reassignment. The ICTR Administration made sufficient effort in the spirit of the Performance Appraisal System to improve the...

The Tribunal rescinds the decision to terminate the Applicant’s employment and Orders: (i) the Respondent to reinstate the Applicant to a position whose duties she is able to carry out given the impairment she suffers; (ii) Orders the Respondent to make good the Applicant’s lost earnings from the date of termination of her fixed-term appointment to the date of her reinstatement with interest at 8% per month for the said period; (iii) Orders that the Applicant be paid her entitlement to for the period from 28 March 2007 to 31 July 2007 during which period she was entitled to special sick leave...

It results from ST/AI/2002/3 that the administration is entitled not to renew the FTA of a staff member whose performance was rated “does not meet performance expectations”, on the mere grounds of the staff member’s bad performance. It further results from ST/AI/2002/3 that in case the staff member’s performance was rated “partially meets performance expectations”, the administration is obliged to apply measures which allow the staff member to improve his/her performance, before it can decide on the non-renewal of the staff member’s FTA on the basis of bad performance. In the present case, the...