Ãå±±½ûµØ

2012-UNAT-216

2012-UNAT-216, Schook

UNAT Held or UNDT Pronouncements

UNAT noted that UNDT’s review of the factual situation by necessity involved consideration of issues beyond the mere fact of the non-renewal of the Appellant’s contract and, thus, found no merit in the Appellant’s submission that UNDT’s deliberations on the issue of non-renewal took place in isolation of the facts surrounding the decision. With respect to the Appellant’s contention that UNDT failed to account for the negative impact of the non-renewal of his personal and professional life, UNAT found no error in the Secretary-General’s exercise of discretion to take action to address the potential negative impact of allegations on the reputation and proper functioning of the Organisation. UNAT held that the UNDT Judge considered both the reasons for the non-renewal of the contract and the circumstances surrounding the making of the decision. UNAT held that neither the failure of UNDT to address the extent to which the press conference had been sanctioned nor the failure to record in its judgment that allegations had been made against others were omissions constituted, on the part of UNDT, manifestly unreasonable decisions such as to impugn its judgment. UNAT dismissed the appeal and upheld the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew his appointment and the manner in which investigations were conducted. UNDT concluded that the non-renewal decision constituted a proper exercise of the Secretary-General’s discretion.

Legal Principle(s)

Contracts of limited duration carry no expectation of renewal. When judging the validity of the Secretary-General’s exercise of discretion in administrative matters, UNDT determines if the decision is legal, rational, procedurally correct, and proportionate, and it can consider whether relevant matters have been ignored and irrelevant matters considered and examine whether the decision is absurd or perverse. It is not the role of UNDT to consider the correctness of the choice made by the Secretary-General amongst the various courses of action open to him, it is not the role of UNDT to substitute its own decision for that of the Secretary-General.

Outcome
Appeal dismissed on merits

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.

Applicants/ Appellants
Schook
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type