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The Tribunal held that whether an Applicant should be given reasons for the non-renewal of his or her fixed-term contract, even though fixed-term contracts carry no expectation of renewal, should be analyzed on a case by case basis. The Tribunal cited Obdeijn UNDT/2011/032 which stated that “even though a staff member does not have a right to an automatic renewal of a fixed-term contract, a decision not to renew such a contract may not be taken for improper motives, and the Tribunal is required to consider whether the motives were proper or whether countervailing circumstances existed in the decision not to renew the contract that may have tainted such decision with unlawfulness.” The Tribunal ruled that a proper reading of the request for the management evaluation indicated that the Applicant referred specifically to entitlements. Though the word DSA was not used, the Tribunal considered that legitimately the entitlements to which the Applicant claimed were due to him also encompassed the DSA entitlements. The Tribunal found that the Applicant was entitled to his DSA entitlements.

Accountability referral:  the Tribunal left it up to the Secretary-General, pursuant to article 10.8 of its Statute, to take any action in regard to the conduct of the Chief Security Adviser and the Applicant’s supervisor.