��DT/2009/019

��AT Held or ��DT Pronouncements

��DT held that the application was receivable ratione temporis and ratione materiae. ��DT held that it could not be stated that the decision of nonrenewal was an improper exercise of discretion. ��DT held that the evidence showed that the Applicant��s appointment was not renewed because there was no further funding available. ��DT held that there was no evidence to support the Applicant��s contention that the decision to extend her contract in January 2008 using Joint Integrated Technical Assistance Programme funds, while she was working on other projects, was done in order to prepare the ground for her separation. ��DT held that the Applicant did not have a legitimate expectancy of having her contract renewed. ��DT held that the Applicant did not submit a formal complaint of harassment, thus the International Trade Center (ITC) Management was not bound to disclose the outcome of the preliminary investigation to her. ��DT held that the Respondent was not compelled to disclose the outcome of the investigation to the Applicant because she never submitted a written complaint of harassment. ��DT held that there was no evidence that showed that the Applicant could have been deprived of her right to file a formal complaint irrespective of the preliminary investigation conducted by ITC Management. ��DT rejected the application.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew her temporary appointment.

Legal Principle(s)

Fixed-term appointments do not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of the length of service.

Outcome

Dismissed on merits

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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

Balestrieri

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Case Number(s)

Tribunal

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Date of Judgement