��DT/2009/008

��AT Held or ��DT Pronouncements

��DT noted that it was established that ��AMI decided not to renew the Applicant��s appointment on the grounds of poor performance, while the appraisal performance procedure for the concerned staff member, at least for 2008/2009, had not been regularly completed. ��DT found that, in light of the case file, the decision under review appeared as prima facie illegal. ��DT found that the urgency for the Judge to rule on the Applicant��s request was established since the implementation of the contested decision would result in the Applicant being excluded from the �� staff as of 18 August 2009. ��DT found that the implementation of the contested decision would cause to the Applicant an irreparable damage as, even if staff members do not have a right to have their contract renewed, the Applicant, after over 16 years of service at the United Nations, would find himself unemployed and, thus, without income. ��DT concluded that the conditions set out in Article 2.2 of the ��DT Statute were satisfied and granted the suspension of action of the decision not to renew the Applicant��s contract during the pendency of management evaluation.

Decision Contested or Judgment/Order Appealed

The Applicant requested suspension of the decision not to renew his contract beyond 18 August 2009.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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Applicants/Appellants

Osman

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement