The Tribunal found that the provided reason for not renewing the Applicant’s appointment was not properly based on facts and, consequently, that the contested decision was unlawful. To determine remedies, through a subsequent judgment, the Tribunal instructed the parties to file final submissions on the matter taking into account its findings in the instant Judgment.
Whether the Applicant was promised a renewal The Applicant appears to argue that the Administration created an expectancy of renewal of his contract by referring to statements, allegedly made by various individuals of the Organization. The individuals concerned dispute the facts as presented by the Applicant and he has not adduced any written evidence regarding a firm commitment to renewal. In this respect, the Tribunal recalls that “[i]n 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...
UNDT denied the Applicant’s motion in which he sought the disclosure of an extensive amount of additional documents, as it was filed after the end of the collection of evidence and after the submissions of closing statements. UNDT held that the contested non-renewal decision was unlawful because the provided reason for it, namely lack of funding, was not based on correct facts. It was therefore not necessary for UNDT to examine whether the decision was tainted by ulterior motives, as also argued by the Applicant. UNDT held that the most appropriate remedy for the Applicant would be rescission...
Non-renewal of the Applicant’s fixed-term appointment due to the lack of funding The proffered reason for the non-renewal is supported by evidence. The post encumbered by the Applicant was funded by funds received under service level agreements, and the Applicant’s salary in 2016-19 were fully covered by a specific service level agreement, whose contributions were reduced to the extent that they were insufficient to cover the Applicant’s salary. The Applicant questioned why other staff members were not affected by the reduction of funding, but none of the other staff members’ salary was fully...
