2021-UNAT-1091

UNAT Held or UNDT Pronouncements

UNAT held that UNDT correctly found that the non-extension of Mr Houenou’s temporary appointment was a proper exercise of discretion in light of the mission’s budgetary situation.

Decision Contested or Judgment/Order Appealed

The decision to shorten the duration of the extension of Mr Houenou’s temporary appointment from one year to three months, due to budgetary shortfall for MINUSCA.

Legal Principle(s)

A temporary appointment carries no expectancy of renewal. The approval by OIC of an extension without delegated authority is ultra vires, and the Administration has a duty to correct it promptly. Any representation by OIC, a personnel notification, or the extension of a security pass does not constitute an express promise of extension of a temporary appointment or give rise to a legitimate expectation of renewal. Exceptional extension of a temporary appointment under Section 14 of ST/AI/2010/4/Rev.1 may only be granted on the basis of unexpected operational needs.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. UNDT/2020/070 affirmed.

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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

Leobard Antoine Houenou

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement