UNDT/2014/094, Hassouna
The Tribunal found that the Applicant should have been given a one-year extension in Entebbe so that he would have been entitled to the benefits and entitlements that ordinarily accompany such a contract. Receivability: The Tribunal concluded that there was an administrative decision in that the Applicant was challenging a continuum of events - the repeated short-term renewal of his appointment stemming from the decision of the Government of Sudan to oust him from its territory. The Tribunal held that this was a decision of “individual application” with “direct legal consequences” to the Applicant. Persona non grata: Non-renewal or renewal on adverse terms and conditions is an option open to the Secretary-General depending on the circumstances surrounding the PNG decision by the host country. In some cases, staff members are declared persona non grata for overstepping their TORs and the mandate of the mission. Where the host country provides the information requested and the SG decides, pursuant to section 20 of the Convention, that the staff member acted outside his/her official capacity, non-renewal is an option. However in the case of a staff member who has been declared persona non grata and the host country is not forthcoming with information as to the basis for his/her expulsion or the reasons, if any, do not justify a PNG decision, other considerations may apply. Under these circumstances, a change in the terms and conditions of the staff member’s contract or non-renewal is not an option open to the Secretary-General. Under such circumstances it is the duty of the Organization to take steps to alleviate the predicament in which the staff member finds himself/herself following his/her expulsion from the host country.
The Applicant contested the decision of the Secretary-General to not redeploy him from the African Union/United Nations Hybrid Operation in Darfur (UNAMID) following the Government of Sudan’s decision declaring him as persona non grata (PNG), and for changing the terms and conditions of his appointment.
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