��DT/2023/144

��AT Held or ��DT Pronouncements

The Tribunal found that the Applicant had not met the requisite standard to rebut the presumption that the restructuring was genuine and therefore a valid reason for not renewing her FTA.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of the United Nations Office for Project Services (��OPS��), filed an application contesting the decision on the abolishment of her post and the non-renewal of her fixed-term appointment ("FTA").

Legal Principle(s)

A restructuring exercise which may result in loss of employment for staff members falls within the Secretary-General��s discretionary authority (see, for instance, Loeber 2018-��AT-844). The Appeals Tribunal has affirmed that the Tribunals will not interfere with a genuine organizational restructuring exercise even though it may have resulted in the loss of employment of staff (see, for instance, Matadi et al 2015-��AT-592) and the restructuring may have been unwise (see, for instance, Collins 2020-��AT-1021). There is, however, a duty for the Administration to act fairly, justly, and transparently in dealing with staff members during a restructuring exercise (see Abdeljalil 2019-��AT-960).

Outcome

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 ��DT Statute and Article 11(3) of the ��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

Tadic

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