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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...

ST/AI/292, dated 15 July 1982, provides measures in relation to the filing of adverse materials in personnel records, which measures were supposed to be interim in nature. In the context of the current framework of norms, ST/AI/292 alone does not provide adequate “rebuttal” procedures for short-term staff. The creation of two classes of short-term staff which potentially occurs via ST/AI/2002/3, based on management discretion is not fair; where the provisions of ST/AI/2002/3 are applied to some short-term staff and not others, this violates the doctrine of equal treatment in like circumstances...

Outcome: The application was dismissed in its entirety.

Scope of the case. The Applicant’s claims of harassment, sexual harassment and abuse of authority presented to the JAB were not independent claims in and of themselves, but merely constituted support for the Applicant’s contention that her due process rights had been violated in the context of the non-renewal and non-extension. Considering the posture of the case presented to the JAB and on review by the Dispute Tribunal, the Tribunal is without authority to re-examine the investigation into the Applicant’s sexual harassment charges. Exceptional case. With respect to the determination whether...

No expectancy of renewal. Fixed-term contracts, such as the Applicant’s in the present case, do not carry an expectancy of renewal, but a decision not to renew a contract may not be tainted by ulterior motives or extraneous considerations and reasons must be properly be supported by facts. Exception. While exceptions to the staff rules may be made, an exception would not be justified in the Applicant’s case, because the Post that the Applicant’s appointment was budgeted against had been filled by another staff member on a regular contract. Accordingly, with the Post no longer being vacant, the...

The Tribunal finds that none of the applicable provisions prevented the renewal of fixed-term appointments for a period of less than a year. It further finds that the alignment policy was properly issued and rejects the Applicant’s allegations of improper motives and discrimination. Terminology: renewal/extension: The wording of staff rule 4.12 and 4.13 shows an undifferentiated use of the terms “renewal” and “extension”. Delegation of authority: A delegation of power should not be guessed at or presumed. Organizational measure: A policy which consists, for a �山����Secretariat office away from...