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UNIC

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UNAT affirmed the decision of UNDT that the Appellant’s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. UNAT held that UNDT did not err in limiting the scope of his application to the non-renewal. UNAT concurred with the former UN Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member’s fixed-term appointment...

UNAT considered an appeal by the Secretary-General. UNAT held that the payment of interest awarded by UNDT on the payment of Mr Ahmed’s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, UNAT upheld the UNDT judgment and held that the matter was properly before UNDT and could not be construed as res judicata. UNAT agreed with UNDT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

UNAT acknowledged that while the Appellant was eligible for a permanent appointment, the Administration was entitled to have regard to the fact that she was recruited because she was a national of Romania for the specific post in UNIC Bucharest. UNAT noted that both the Department of Public Information and the Officer-in-Charge of Human Resources Services previously anticipated that UNIC Bucharest, among others, was scheduled to close in the very near future, due to the uncertainty of the funding by the host country, on which the continuation of the Appellant’s post depended. UNAT noted that...