UNDT/2021/140

UNDT/2021/140, Saeed Khan

UNAT Held or UNDT Pronouncements

The Tribunal concluded that based on the record before it, there was no dispute that the decision to abolish the post the Applicant was occupying and, consequently, the decision not to extend his appointment originated from the restructuring approved in the 2016/17 budget for UNISFA by the General Assembly. The Tribunal further held that the Applicant failed to substantiate claims of discrimination against him. As such, the contested decision was taken in compliance with the relevant rules and regulations. Accordingly, the application was rejected.

Decision Contested or Judgment Appealed

The Applicant contested a decision not to extend his contract beyond 30 June 2020.

Legal Principle(s)

Pursuant to staff regulation 4.5, a fixed-term appointment does not carry an expectancy of renewal. However, discretionary decisions regarding renewal of appointments are subject to evaluation by the Tribunals for reasonableness, lack of arbitrariness or improper purpose. Further, the Appeals Tribunal affirmed, specifically, that abolishment of a post as a result of reorganization constitutes a valid reason for not renewing the contract of a concerned staff member.

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

Saeed Khan

Entity

UNISFA

Case Number(s)

UNDT/NBI/2020/91

Tribunal

UNDT

Registry Location :

Nairobi