UNDT/2011/083

UNDT/2011/083, Schook

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant’s appointment of limited duration carried no expectancy of renewal and that there were no countervailing circumstances which could have created such expectancy. It also found that the reason for non-renewal, namely the negative impact that allegations then made against the Applicant in the local media could have on the Organization, was supported by the facts and that the non-renewal decision therefore constituted a proper exercise of the Secretary-General’s discretion. Scope of discretion of the Secretary-General in non-renewal cases: It is within the Secretary-General’s discretion to take action to address the negative impact of allegations publicly echoed in the local media (even if those allegations are subsequently proven untrue) which could jeopardize the reputation and proper functioning of the Organization where those allegations concern the most senior officials of a United Nations body which is exposed not only to local public opinion but also to international attention.

Decision Contested or Judgment Appealed

The Applicant, a former UNMIK high-ranking official, challenges the decision not to extend his fixed-term appointment beyond 31 December 2007.

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.

Full Judgment

Applicants/ Appellants

Schook

Entity

UNMIK

Case Number(s)

UNDT/GVA/2009/047

Tribunal

UNDT

Registry Location :

Geneva