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The Applicant received notification in writing on 30 September 2002 that his fixed-term contract would not be renewed after its expiry on 31 December 2002. The Applicant should therefore have requested a management evaluation by 30 November 2002. The Applicant did not do so. The Applicant, however, requested a management evaluation on 23 October 2009, over seven-and-a-half years after receiving the administrative decision that his fixed-term contract would not be renewed beyond its expiry date. The Tribunal has held that it does not have the power to suspend or waive the deadlines for...

Outcome: The application was rejected. The ±¬ÁÏÍøDT found that the Applicant failed to establish a factual basis for her alleged expectation that her contract would be renewed, that she would be given a regularized position, or that she would be placed on special leave without pay at the expiry of her contract. The ±¬ÁÏÍøDT therefore found that the decision not to renew the Applicant¡¯s temporary appointment was not unlawful.

Organization of work and discretion of the Secretary-General: The Secretary-General has wide discretion in the organization of work. It is not for the Tribunal to substitute its own views to that of the Secretary-General on how to organize work and meet operational needs. Decisions in this sphere may be set aside only on limited grounds, for example if the competent authorities breached procedural rules, or if discretion was exercised in an arbitrary, capricious, or illegal manner.Eligibility for consideration for conversion to permanent appointment: Pursuant to provisional staff Rules13.4 (b)...

Grounds for non-renewal: No provision requires the Administration to give the reasons for a non-renewal decision. However, when a staff member contests the non-renewal of his or her contract before the Tribunal, the Organization must provide the reasons for this decision and the staff member has the right to contest the legality of the same.Discretionary power and scope of judicial review: The Administration has discretion to organize its services and thus to finance or not a programme. It is not for the Tribunal to assess the correctness of this kind of decisions.Burden of proof of extraneous...

An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.

Due process: The evaluation of the Applicant¡¯s performance for the 2008/2009 reporting cycle was not carried out in accordance with the established procedures and materially discredits the Respondent¡¯s case. ±¬ÁÏÍøON had an obligation to defer the non-renewal decision until the rebuttal process had been completed but failed to do so. This was a violation of the Applicant¡¯s due process rights. Bad faith: The negative relationship between the Applicant¡¯s former FRO and SRO was contributory to the non- renewal of the Applicant¡¯s contract. The Applicant¡¯s SRO demonstrated ill-motive and unethical...

Reasons for non-renewal: A staff member has a right to ask the administration to provide for reasons of non-renewal of his/her contract; if he/she does not ask, then he/she cannot claim not to have been given reasons for the decision and seek to infer negative inference. Fraught working relationship: If a staff member¡¯s work relationship with his/her superiors has deteriorated to the extent that there is no possibility of salvaging such a relationship, it is within the Administration¡¯s discretion not to renew such a contract.

Legitimate expectation: The Tribunal held that while a legitimate expectation can be created by an express promise on the part of the Organization, given the special nature of fixed-term contracts within the Organization an expectation of contract renewal may also be based on the surrounding circumstances, including the practices of the Organization. In view of the foregoing, the Tribunal concluded that since there was a practice of renewing the Applicant¡¯s fixed-term appointment, he was entitled to expect its continued renewal unless there was a legitimate reason for not renewing the...

Legitimate expectation: While a legitimate expectation can be created by an express promise on the part of the Organization, the Tribunal held that a promise can also be implied from the particular circumstances of a case or from what is held out to an individual. The Tribunal concluded that the Applicant did not have a legitimate expectation of renewal. Performance appraisal: When a staff member is given a rating indicating that he/she meets most expectations but that there is room for improvement, there is an implicit undertaking by the Administration that the staff member will be allowed to...

Staff rule 12/3(b) ¨C exception to staff rules: The Tribunal held that under the unique circumstances of this case, that is, the requests from MINURSO recognizing the Applicant¡¯s suitability for the post and the Mission¡¯s dire operational needs, for the Respondent to have properly complied with staff rule 12.3(b), the Applicant¡¯s existing educational qualifications along with his professional qualifications and language skills should have been considered regardless of whether or not they were equivalent to a high school diploma.