2020-UNAT-1028, El Najjar
UNAT Held or UNDT 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 UNRWA Commissioner-General acted unreasonably. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
Decision Contested or Judgment/Order Appealed
The staff member contested the non-renewal of his fixed-term appointment. UNDT held that, in the face of a financial crisis, it was within UNRWA 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 UNRWA Commissioner-General is legal, rational, procedurally correct, and proportionate, there will be no basis for interference by UNAT.
Outcome
Outcome Extra Text
No relief ordered; No relief ordered.