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Legitimate expectation: The Tribunal held that while a legitimate expectation can be created by an express promise on the part of the Organization, given the special nature of fixed-term contracts within the Organization an expectation of contract renewal may also be based on the surrounding circumstances, including the practices of the Organization. In view of the foregoing, the Tribunal concluded that since there was a practice of renewing the Applicant’s fixed-term appointment, he was entitled to expect its continued renewal unless there was a legitimate reason for not renewing the appointment. Extraneous factors: The Tribunal concluded that the Respondent failed to establish by a preponderance of probabilities that he was not motivated by extraneous factors in not renewing the contract of the Applicant. The absence of reasons for the contested decision together with the circumstantial evidence led the Tribunal to find that the non-renewal decision was vitiated by improper motivation, namely a desire to move the Applicant out of Bonn to placate the German Federal Environment Ministry. Validity of transfer/reassignment: The Tribunal concluded that whether or not a person chooses to accept another position within the Organization may be a relevant consideration in deciding whether to renew a fixed-term appointment. However, for it to be the sole consideration would constitute an abuse of authority or arbitrariness because it has, subject to evidence to the contrary, little, if anything, to do with the existing role in question or the staff member’s ability to continue to perform the functions associated with that role. The fact that a staff member refuses a transfer to another position does not, ipso facto, mean that he or she is no longer suitable for the position currently occupied. Additionally, the Tribunal held that the personal concerns of the applicant, though they may be of a genuine nature, cannot by themselves justify a refusal to accept a transfer unless they are such as to amount to hardship that cannot be mitigated.