UNDT/2023/076 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2023/076, Nassir

UNAT Held or UNDT Pronouncements

The application was dismissed.

Decision Contested or Judgment Appealed

Decision not to renew the Applicant' s Fixed-Term Appointment (“FTA”) beyond 31 December 2021.

Legal Principle(s)

An FTA does not carry any expectation, legal or otherwise, of renewal, and shall not be converted to any other type of appointment.

The onus is on the staff member to show a legitimate expectation of renewal or that the non-renewal of her appointment was arbitrary or motivated by bias, prejudice or improper motive.

Outcome

Dismissed on merits

Outcome Extra Text

The Tribunal held that the contested decision was lawful. The Applicant’s appointment expired in accordance with its own terms on 31 December 2021 and the Applicant had no legal entitlement to the renewal of her appointment.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Nassir

Entity

UNAMI

Case Number(s)

UNDT/NBI/2022/047

Tribunal

UNDT

Registry Location :

Nairobi