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UNDT/2010/140

UNDT/2010/140, Abdalla

UNAT Held or UNDT Pronouncements

In general, there is no right to renewal of appointment for staff members serving on a temporary appointment. In the case at hand, no improper motives neither countervailing circumstances existed which may have tainted the contested decision with illegality. The reasons for that decision - no budgeted or approved posts of Language Assistant, Interpreter or Translator at his level in UNAMI, abolislnnent of the post - are acceptable. Although the Organization was not obliged to find alternative employment for the applicant as a staff member holding a temporary appointment, a bona fide effort was made by assigning him to UNAMI for a total of nine months. However, he failed to apply for vacant positions during that period. The Organization is not obliged to create a specific post at a certain level for a given staff member. Also, the Applicant did not have a legitimate expectancy of having his contract renewed. No expressed or even implied promise of the Administration could be found. The decision was not tainted by discrimination or other extraneous factors.

Decision Contested or Judgment Appealed

The applicant contests the decision ot to renew his temporary appointment.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

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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.

Applicants/ Appellants
Abdalla
Entity
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Tribunal
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Date of Judgment
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Issuance Type