2010-��AT-085

��AT Held or ��DT Pronouncements

��AT considered an appeal by the Secretary-General. ��AT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. ��AT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. ��AT held that the Administration was entitled to rely on Ms Beaudry��s acknowledgement and acceptance of the recommendation of non-renewal. ��AT held that ��DT erred on a question of fact resulting in a manifestly unreasonable decision in finding that the non-renewal of the Appellant��s appointment was in breach of her rights. ��AT held that there were no grounds to support the ��DT finding that Ms Beaudry was entitled to compensation. ��AT held that there was no basis for the orders of ��DT with respect to Ms Beaudry��s request for a waiver of the time limit to allow her to submit a rebuttal of her performance appraisal. ��AT vacated the ��DT judgment and affirmed the decision not to renew Ms Beaudry��s appointment.

Decision Contested or Judgment/Order Appealed

Ms Beaudry contested the non-renewal of her appointment of limited duration. ��DT found for Ms Beaudry.

Legal Principle(s)

Fixed-term appointments and appointments of limited duration have no expectancy of renewal or conversion to any other type of appointment.

Outcome

Appeal granted

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

Applicants/Appellants

Beaudry

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement