2016-Ģ��ƵAT-677

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT preliminarily denied the request for an oral hearing. Ģ��ƵAT considered the appeal, specifically whether the Appellant had a legitimate expectation for the renewal of his fixed-term contract and rights related to the renewal of his fixed-term contract. Ģ��ƵAT noted that in the absence of any evidence of a firm commitment of renewal, there was no basis to support the Appellant��s claim of legitimate expectation and/or right for the renewal of his contract. Ģ��ƵAT further held that it was clear from the evidence that the Administration was involved in the process of revising the activities in Iraq and realigning its functions. Ģ��ƵAT agreed with Ģ��ƵDT��s findings that the Appellant was adequately consulted on the Organisational restructuring before the contested decision was taken and that the contested decision was not ill-motivated or taken in bad faith. Ģ��ƵAT accordingly dismissed the appeal and upheld Ģ��ƵDT��s judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his fixed-term contract. Ģ��ƵDT dismissed the application.

Legal Principle(s)

A fixed-term appointment does not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of the length of service. In order for a staff member��s claim of legitimate expectation of a renewal of appointment to be sustained, it must not be based on mere verbal assertion, but on a firm commitment to renewal revealed by the circumstances of the case.

Outcome

Appeal 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.

Applicants/Appellants

Chalabi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement