UNDT/2010/006, Parmar
Outcome: The application was dismissed in its entirety.
The applicant was an employee of the United Nations Development Programme (UNDP), initially employed on a 200 series appointment that was later converted to a 100 series fixed-term appointment. In August 2005, he went to work for the Office of Internal Oversight Services (OIOS) of the United Nations Secretariat on loan from UNDP. He stayed with OIOS until 30 September 2006, when he was separated from service upon expiration of his contract. The applicant contested UNDP’s decision not to extend his contract beyond its expiry date on 30 September 2006.
Request for administrative review or management evaluation: Requests for management evaluation and administrative review are mandatory first steps in the appeal process (see Crichlow). Meaning of staff regulation 4.4: Staff regulation 4.4 does not confer any absolute (as distinct from qualified) preference to staff members already in service of the Organization, and does not create an obligation on the part of the Administration to extend or renew the contracts of staff members on fixed-term appointments. Allegations of prejudice and burden of proof: When a staff member brings a case against the Administration alleging that a decision he or she is contesting was improper, and the Administration fails to rebut the staff member’s allegations, the Tribunal will be entitled to draw negative inferences from the Administration’s silence. The outcome of the case will be determined by the preponderance of evidence. Ãå±±½ûµØ of non-renewal: Although not required to give non-renewal notice to holders of fixed-term appointments, the Organization provided the applicant with ample and adequate notice of non-renewal. Costs: Neither party abused the proceedings in this case; consequently, no order on costs.