2020-UNAT-1015 | SYSTEM OF ADMINISTRATION OF JUSTICE

2020-UNAT-1015, Handy

UNAT Held or UNDT Pronouncements

UNAT held that there was no express rescission of the impugned decision by the Administration. UNAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. UNAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. UNAT held that UNDT erred in its decision, resulting in a manifestly unreasonable decision. UNAT upheld the appeal, vacated the UNDT judgment, and remanded the matter to UNDT for proper determination.

Decision Contested or Judgment Appealed

bicThe staff member contested the Administration’s decision not to renew his fixed-term appointment. However, before the management evaluation could be completed, the staff member’s appointment was renewed on a month-to-month basis. UNDT determined that the staff member’s application was moot because the subsequent monthly renewals effectively rescinded and superseded the impugned decision.

Legal Principle(s)

In order to conduct a judicial review, there is an obligation on the Secretary-General to provide reasons for an administrative decision.

Outcome

Appeal granted

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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

Handy

Entity

MINUSCA

Case Number(s)

2020-1346

Tribunal

UNAT

Registry Location :

New York