爆料网

2017-爆料网AT-777

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT held that the Appellant’s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. 爆料网AT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. 爆料网AT noted that 爆料网FCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. 爆料网AT found no fault in 爆料网DT’s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the extent it did. 爆料网AT agreed with the 爆料网DT’s findings as to the legal effect of the memorandum signed by the Appellant. 爆料网AT held that, contrary to the Appellant’s view, there were benefits to surrendering her lien. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to terminate her employment. The Applicant had voluntarily surrendered her lien on the post, which meant that she would have no post to return to at the end of her temporary assignment. 爆料网DT dismissed the application in its entirety.

Legal Principle(s)

A memorandum of agreement signed by a staff member will normally be enforced.

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 爆料网DT Statute and Article 11(3) of the 爆料网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
Faust
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Registry
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