2011-UNAT-115, Islam
UNAT noted that the reason given for the non-renewal of the Appellant’s contract was a restructuring and that the Appellant conceded that the restructuring was properly done. UNAT agreed with UNDT that the opinion expressed by the Appellant’s Chief, that his performance deficiencies and shortcomings could justify the non-renewal of his contract, was immaterial. UNAT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant contested the decision not to renew his contract. UNDT dismissed the application.
When a justification is given by the Administration for the exercise of its discretion, it must be supported by the facts.