2010-��AT-041

��AT Held or ��DT Pronouncements

��AT held that her appointment was terminated due to a lack of funding; several of her colleagues also had their fixed-term appointments terminated for the same reason at the same time. ��AT held that the fact that the Appellant may have complained about her working conditions or cooperated in any subsequent preliminary investigation into possible harassment, did not on its face exposes her to the termination. ��AT held that there was no reversible error on part of ��DT. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew her appointment and lodged a complaint with the Ethics Office, in which she reported retaliation for having previously reported misconduct or cooperated with a duly authorized investigation. ��DT found that the decision not to renew her appointment was not an improper exercise of discretion. ��DT found that there was no evidence that the Applicant was deprived of her right to file a formal complaint under the applicable Administrative Instruction.

Legal Principle(s)

The fact that a staff member may have complained about their working conditions or cooperated in any subsequent preliminary investigation into possible harassment, does not on its face expose them to the termination.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Balestrieri

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement