2021-UNAT-1091

2021-UNAT-1091, Leobard Antoine Houenou

UNAT Held or UNDT Pronouncements

UNAT held that UNDT correctly found that the non-extension of Mr Houenou’s temporary appointment was a proper exercise of discretion in light of the mission’s budgetary situation.

Decision Contested or Judgment Appealed

The decision to shorten the duration of the extension of Mr Houenou’s temporary appointment from one year to three months, due to budgetary shortfall for MINUSCA.

Legal Principle(s)

A temporary appointment carries no expectancy of renewal. The approval by OIC of an extension without delegated authority is ultra vires, and the Administration has a duty to correct it promptly. Any representation by OIC, a personnel notification, or the extension of a security pass does not constitute an express promise of extension of a temporary appointment or give rise to a legitimate expectation of renewal. Exceptional extension of a temporary appointment under Section 14 of ST/AI/2010/4/Rev.1 may only be granted on the basis of unexpected operational needs.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. UNDT/2020/070 affirmed.

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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

Leobard Antoine Houenou

Entity

MINUSCA

Case Number(s)

2020-1409

Tribunal

UNAT

Registry Location :

New York