UNDT/2020/168, Alema
UNAT Held or UNDT Pronouncements
The Applicant did not show that the decision to not renew his appointment was tainted by improper motive or bias, or that the process leading up to the decision to abolish the post he encumbered was irregular or improper. The Respondent sufficiently demonstrated that the Mission acted appropriately under the circumstances before it.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the Respondent’s decision to not renew her appointment with the Mission beyond 31 March 2019.
Legal Principle(s)
A fixed-term appointment carries no guarantee of renewal. There is always a presumption that the administration’s decision was properly executed and should stand unless it is shown to be tainted or otherwise improperly made. The Tribunal’s task is not to replace the administration’s decision with its own but to assess the lawfulness of the decision.