UNDT/2020/063

UNDT/2020/063, A Ali

UNAT Held or UNDT Pronouncements

Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.

Decision Contested or Judgment Appealed

Failure to retain the Applicant whose post is abolished.

Legal Principle(s)

The first step of the interpretation of any rule is to pay attention to its literal terms. The Administration has no obligation to make efforts to retain a staff member holding a fixed-term appointment whose posts are set for abolition. Expiration of a fixed-term appointment is not termination under staff rule 9.6.

Outcome

Dismissed as not receivable

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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

A Ali

Entity

UNS

Case Number(s)

UNDT/NY/2019/013

Tribunal

UNDT

Registry Location :

New York