2011-惇蹋厙AT-132

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by the Secretary-General. 惇蹋厙AT held that it was satisfied that the 惇蹋厙DT＊s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to 惇蹋厙DT having stepped into the shoes of the 惇蹋厙 Medical Director. 惇蹋厙AT held that there were no grounds to disagree with the finding of 惇蹋厙DT that Ms Frechon＊s contract was, in fact, terminated for medical reasons. 惇蹋厙AT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. 惇蹋厙AT held that 惇蹋厙DT was correct in rescinding the decision to terminate Ms Frechon＊s employment. 惇蹋厙AT upheld the Order reinstating Ms Frechon but changed it to an Order to reinstate Ms Frechon for the purpose of the Administration initiating the procedures pursuant to ST/AI/1999/16. 惇蹋厙AT adjusted the way in which interest on the compensation awarded should be calculated. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙DT judgment with the above-noted variances to the Orders contained therein.

Decision Contested or Judgment/Order Appealed

Ms Frechon contested the decision not to renew her fixed-term appointment. 惇蹋厙DT found for Ms Frechon, reinstating her and awarding her compensation.

Legal Principle(s)

A fixed-term appointment has no expectancy of renewal. An exception to the rules governing the expiry of a fixed-term contract will arise if the administrative decision not to renew is based on improper motives or if there are countervailing circumstances.

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙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

Frechon

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement