2014-UNAT-411, Igbinedion
UNAT considered an appeal by the Secretary-General. UNAT affirmed UNDT’s decision that the 60 days’ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. UNAT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). UNAT held that UNDT’s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence of UNAT. UNAT held that there was no evidence that the Administration had made any express promise giving Mr Igbinedion the expectancy that his appointment would be renewed. UNAT held that UNDT erred in holding there was a legislative vacuum since there had been no legislative vacuum of Staff Rules governing appointments. UNAT held that the non-renewal of Mr Igbinedion’s service was valid and that the award of two months’ net base salary for the frustration of his expectancy of renewal was unwarranted and, therefore, set it aside. UNAT upheld that appeal and vacated the UNDT judgment.
UNDT judgment: The Applicant contested the decision not to extend his appointment. UNDT found that the application was receivable. Contrary to the Management Evaluation Unit’s finding, UNDT determined that the contested decision was that dated 18 March 2011 as embodied in Mr Mensah’s e-mail informing the Applicant his contract would not be renewed. On the merits, UNDT found that the non-renewal of the Applicant’s appointment was properly based on efforts by the Organisation to streamline its practices in line with the funding situation it faced. UNDT found that the repeated renewal of the Applicant’s appointment without a break-in-service with the same conditions of service created a legitimate expectation of renewal because of the legislative vacuum at the time and the absence of clear rules governing temporary appointments. UNDT awarded the Applicant two months’ net base salary for the frustration of this expectancy.
Fixed-term and temporary appointments carry no expectancy of renewal. The renewal of the appointment of a staff member on successive contracts does not, in and of itself, give grounds for an expectancy of renewal; unless the Administration has made an express promise that gives the staff member an expectancy that his or her appointment will be extended.