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UNDT/2016/060, Charot

UNAT Held or UNDT Pronouncements

The Dispute Tribunal found that the contested decision was lawful and rejected the application. Application of ST/AI/2010/5 on Performance Management and Development System: This administrative instruction does not apply to UNFPA, which is a separately administered fund, as it has not explicitly accepted its applicability, as per ST/SGB/2004/9 on Procedures for the promulgation of administrative issuances. Obligation to provide an opportunity to improve performance prior to non-renewal: Absent any specific provision in the applicable rules, the Organization has no legal obligation to take any remedial measure aimed at improving a staff member’s performance before deciding not to renew his or her fixed-term appointment on the ground of poor performance.

Decision Contested or Judgment Appealed

The Applicant challenged the decision not to renew her fixed-term appointment due to poor performance.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

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