UNDT/2016/007, He
Non-renewal: A non-renewal decision can be taken on the basis of a projected reduction of workload; in assessing future workload, the Administration necessarily has to make some prognosis, on the basis of the elements available at the time of the contested decision. Factual developments relating to the future workload after the date of the decision have to remain out of consideration, and do not have an impact on the legality of the decision under review. Extraneous factors: The burden of proof with respect to extraneous considerations falls on the Applicant. Ultra vires: A non-renewal decision is not ultra vires on the mere grounds of alleged shortcomings in the nomination of the decision maker to his/her post.
The Applicant, a former Text Processing Clerk at the Chinese Text Processing Unit, Division of Conference Management, Office of the United Nations at Geneva, contested the non-renewal of her appointment. The decision was based on a reduction of work within the CTPU and the on-going workforce planning done by the Language Services. In light of the available record, the UNDT was satisfied that the reasons provided for the non‑renewal were supported by the evidence, and that the Applicant failed to prove that it was based on extraneous considerations