UNAT Held or UNDT Pronouncements
The Applicant’s appointment was not renewed due to the reclassification of her post from G-4 to G-6 level, and there was a legitimate reason for the reclassification, and thus abolishment of the Applicant’s post. The Applicant has not met her burden of proving that the contested decision was biased or was motivated by other improper purposes. There was insufficient evidence that the Administration made a firm commitment or express promise to renew the Applicant’s fixed-term appointment. The Applicant having provided no evidence of any harm, there is no basis for an award for moral damages.
Decision Contested or Judgment/Order Appealed
Non-renewal of Applicant's fixed-term appointment.
Legal Principle(s)
The Secretary-General has broad discretion in assessing the operational needs of the Organization, and to organize and restructure the work of the Organization accordingly. In pursuance of the duty of good faith, reasons should be given particularly so that staff members can properly exercise their right to appeal and take whatever action necessary. There must be a valid reason for the non-renewal of any contract, including a fixed-term contract, and that the staff member must be informed of that reason explicitly. A decision not to renew a contract may not be taken for improper motives, and thus the Tribunal is required to consider whether the motives were proper or whether there were any countervailing circumstances that may have tainted such decision with unlawfulness. Legitimate expectation may result in the creation of an enforceable legal right, although the application of the doctrine is subject to a number of qualifications. A legitimate expectation giving rise to contractual or legal obligations occurs where a party acts in such a way, by representation by deeds or words, that is intended or is reasonably likely to induce the other party to act in some way in reliance upon that representation, and the other party does so. Where a staff member claims that she had a legitimate expectation arising from a promise made by the Administration, such expectation must not be based on mere verbal assertions, but on a firm and express commitment made individually to the staff member by a competent authority of the Administration. Even where the Administration may be under an obligation to make proper reasonable and good faith efforts to find alternative posts for displaced staff members, the latter are expected to apply for suitable available positions and obliged to fully cooperate and make good faith efforts in order for their applications to succeed. Even where a staff member shall be retained in preference, the latter must show readiness and interest by timely and completely applying for positions before any determination regarding suitability can be made.