2020-Ģ��ƵAT-1028

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the Ģ��ƵRWA Commissioner-General acted unreasonably. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The staff member contested the non-renewal of his fixed-term appointment. Ģ��ƵDT held that, in the face of a financial crisis, it was within Ģ��ƵRWA Commissioner-General��s discretionary authority to restructure, abolish posts, create new posts and redeploy staff and that he had exercised his discretion reasonably in the circumstances.

Legal Principle(s)

A fixed-term appointment has no expectation of renewal or conversion to another type of appointment. An administrative decision not to renew a fixed-term appointment can be challenged on the grounds of legality, reasonableness, and procedural fairness. If an exercise of discretion by the Ģ��ƵRWA Commissioner-General is legal, rational, procedurally correct, and proportionate, there will be no basis for interference by Ģ��ƵAT.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

El Najjar

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement