UNAT Held or UNDT Pronouncements
The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable. Receivability: An application against a non-renewal of appointment becomes moot when the appointment is extended prior to or pending the proceedings before the Tribunal, since the contested decision is deprived of its effects. As a consequence, the application is irreceivable.
Decision Contested or Judgment/Order Appealed
The Applicant, a staff member of the United Nations Population Fund (“UNFPA”), Mongolia, contests the decision of 29 April 2015 not to renew his fixed-term appointment, as a consequence of the abolition of his post, as part of UNFPA Strategic Plan 2014-2017. After he requested management evaluation, the Applicant was informed by the Executive Director, UNFPA, that the Administration had decided to extend his appointment on a month-by-month basis, until completion of the management evaluation and of an investigation by the Office of Audit and Investigation Services into matters connected to the restructuring of the Country Office, and that a final determination would be made at that time. The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable.
Legal Principle(s)
N/A