爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General's appeal. 爆料网AT found that it was uncontested that the Respondent had a fixed-term appointment and emphasized that there is no expectancy of renewal of fixed-term appointments. 爆料网AT held that the Respondent could not rely on general statements to assume that her contract would be renewed and that she was even encouraged to apply for positions that would be published in the coming weeks. 爆料网AT also found that there was no illegality or abuse in the decision to abolish the Respondent’s post and to not renew her fixed-term appointment. 爆料网AT held that 爆料网DT incorrectly applied Regulation 6. 2 when it decided that the ECA Executive Secretary lacked authority to abolish the post in question. 爆料网AT noted that the Respondent held a post of temporary nature that could be discontinued without the need for the ECA Executive Secretary to seek prior approval. 爆料网AT held that 爆料网DT erred in fact and law. 爆料网AT accordingly upheld the Secretary-General's appeal and vacated 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to abolish her post. 爆料网DT held that the United Nations Economic Commission for Africa (ECA) Executive Secretary acted beyond his authority when he unilaterally abolished the Applicant’s post. 爆料网DT awarded compensation and moral damages to the Applicant.
Legal Principle(s)
There is no expectancy of renewal of fixed-term and temporary contracts. In order for a staff member’s claim of legitimate expectation of a renewal of appointment to be sustained, it must not be based on mere verbal assertion, but on a firm commitment to renewal revealed by the circumstances. An international Organisation has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts, and the redeployment of staff.