UNDT/2012/049 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/049, Kasmani

UNAT Held or UNDT Pronouncements

The Tribunal concluded that there was cogent evidence that extraneous factors were taken into account in the decision not to extend the Applicant’s contract. The Tribunal thus held that the Applicant had sufficiently discharged his burden of proof. He showed that the actions of the Respondent’s agents were unfair, improperly motivated, and wholly arbitrary.

Decision Contested or Judgment Appealed

The Applicant contested UNON’s decision to not renew his temporary fixed-term appointment. The Applicant contended that the decision was based on extraneous factors.

Legal Principle(s)

Pursuant to staff regulation 4.5, a fixed-term appointment does not carry an expectancy of renewal. However, according to the Tribunal’s jurisprudence, discretionary decisions regarding renewal of appoitments are subject to evaluation for reasonableness, lack of arbitrariness or improper purpose. Section 2.2 of the ST/SGB/2008/5 enjoins the Organization to take all appropriate measures towards ensuring a harmonious work environment, and to protect its staff from exposure to any form of prohibited conduct, through preventive measures and the provision of effective remedies when prevention has failed.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal ordered payment to the Applicant of nine (9) months’ net-base salary and USD 20,000.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Kasmani

Entity

UNON

Case Number(s)

UNDT/NBI/2009/67

Tribunal

UNDT

Registry Location :

Nairobi