2020-UNAT-1028

2020-UNAT-1028, El Najjar

UNAT Held or UNDT Pronouncements

Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the UNRWA Commissioner-General acted unreasonably. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.

Decision Contested or Judgment Appealed

The staff member contested the non-renewal of his fixed-term appointment. UNDT held that, in the face of a financial crisis, it was within UNRWA Commissioner-General’s discretionary authority to restructure, abolish posts, create new posts and redeploy staff and that he had exercised his discretion reasonably in the circumstances.

Legal Principle(s)

A fixed-term appointment has no expectation of renewal or conversion to another type of appointment. An administrative decision not to renew a fixed-term appointment can be challenged on the grounds of legality, reasonableness, and procedural fairness. If an exercise of discretion by the UNRWA Commissioner-General is legal, rational, procedurally correct, and proportionate, there will be no basis for interference by UNAT.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

El Najjar

Entity

UNRWA

Case Number(s)

2019-1334

Tribunal

UNAT

Registry Location :

New York