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The Tribunal will not order the Applicant’s reinstatement as were the original harm repaired, the Applicant’s appointment would already have ended. While the evidence before the Tribunal suggested that extensions of secondments beyond the five-year limit were possible under UNDP policy, the Tribunal was not convinced that it was probable in this case. Therefore, the Tribunal held that the renewal would have been limited to the five-year restriction and compensation was warranted for that period, less the Applicant’s actual income. Account is taken of the context of the contractual breach i.e...

The Organization cannot with propriety resort to reliance on particular provisions in its Rules and Regulations which were arguably inconsistent with a representation merely because the Rules and Regulations are referred to as a whole in the Letter of Appointment. Not only was the respondent in breach of its contract with the applicant by deciding arbitrarily and capriciously not to renew his contract (as had been admitted) but it was in breach of the contract by not renewing it in accordance with the undertaking to do so if the applicant’s performance was satisfactory. The applicant’s...