UNDT/2014/019

UNDT/2014/019, Mohammed

UNAT Held or UNDT Pronouncements

In reviewing a decision not to renew an appointment, the role of the Dispute Tribunal is to determine whether the discretion not to renew was validly exercised. Where justification is given by the Respondent for the exercise of its discretion, that justification must be borne out by the facts. Both Parties have told the Tribunal that the Applicant took his grievances to the Retention Committee, which Committee then reviewed the Applicant’s claim and found that the Retention Panel (which the Applicant chaired) had properly carried out the exercise it was charged with. The Tribunal is also unable to properly examine the Applicant’s claims of nepotism, discrimination and unfair treatment because no evidence has been adduced by the Applicant to demonstrate that those elements were meted out against him.

Decision Contested or Judgment Appealed

The Applicant challenged the decision not to renew his fixed-term appointment.

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

Mohammed

Entity

ICTR

Case Number(s)

UNDT/NBI/2012/39

Tribunal

UNDT

Registry Location :

Nairobi