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Ä¢¹½ÊÓƵAT noted that, in finding the application to be time-barred, Ä¢¹½ÊÓƵDT considered whether any exceptional circumstances existed to allow a waiver of the time limits and found that neither health problems nor the need to replace counsel constituted justification in the specific circumstances of the case. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate any error warranting the reversal of the first instance judgment, whose conclusions it endorsed, as they relied on a correct application of the law. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that, in order for the Appellant¡¯s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and Ä¢¹½ÊÓƵAT held that it found no reason to reverse the finding of Ä¢¹½ÊÓƵDT that there was no evidence of such a commitment. Ä¢¹½ÊÓƵAT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. Ä¢¹½ÊÓƵAT held that the need for translator services at Ä¢¹½ÊÓƵAMI could...

Ä¢¹½ÊÓƵAT noted that the reason given for the non-renewal of the Appellant¡¯s contract was a restructuring and that the Appellant conceded that the restructuring was properly done. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the opinion expressed by the Appellant¡¯s Chief, that his performance deficiencies and shortcomings could justify the non-renewal of his contract, was immaterial. Ä¢¹½ÊÓƵAT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. Ä¢¹½ÊÓƵAT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the Ä¢¹½ÊÓƵDT decision under appeal. Ä¢¹½ÊÓƵAT held that the Appellant, consequently, failed to establish that Ä¢¹½ÊÓƵDT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. Ä¢¹½ÊÓƵAT held that the evidence...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submissions were largely a reiteration of his arguments before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s findings that the advice given to the Appellant regarding uncertified sick leave was correct. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s allegation that...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. Ä¢¹½ÊÓƵAT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. Ä¢¹½ÊÓƵAT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of Ä¢¹½ÊÓƵDT, was more proper for consideration once a final judgment has been rendered by Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT preliminarily denied the request for an oral argument and then considered the merits of the appeal. Ä¢¹½ÊÓƵAT found that the requirements of Article 2(1) of the Ä¢¹½ÊÓƵAT Statute were not fulfilled in the Appellant¡¯s case as Ä¢¹½ÊÓƵDT did not commit an error of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT noted that the evidence showed that the Administration was involved in a process of revision of activities in Iraq, rationalizing of staff, realignment of functions, and reduction of budget. These administrative activities led to the redeployment of the post encumbered by the Appellant...

Ä¢¹½ÊÓƵAT preliminarily denied the request for an oral hearing. Ä¢¹½ÊÓƵAT considered the appeal, specifically whether the Appellant had a legitimate expectation for the renewal of his fixed-term contract and rights related to the renewal of his fixed-term contract. Ä¢¹½ÊÓƵAT noted that in the absence of any evidence of a firm commitment of renewal, there was no basis to support the Appellant¡¯s claim of legitimate expectation and/or right for the renewal of his contract. Ä¢¹½ÊÓƵAT further held that it was clear from the evidence that the Administration was involved in the process of revising the activities in Iraq...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s motion for additional pleadings because he did not demonstrate the existence of exceptional circumstances. Ä¢¹½ÊÓƵAT also found no fault with Ä¢¹½ÊÓƵDT¡¯s holding that the decision to relocate the Appellant was lawful. Ä¢¹½ÊÓƵAT noted that an accepted method for determining whether the reassignment of a staff member to another position was proper is to assess whether the new post was at the staff member¡¯s grade; whether the responsibilities involved corresponded to his or her level; whether the functions to be performed were commensurate with the staff member¡¯s competence and...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT¡¯s failure to determine his motion to order the Secretary-General to produce relevant documents amounted to an error in procedure such as to affect the decision in the case. Article 19 of the Ä¢¹½ÊÓƵDT Rules of Procedure gives Ä¢¹½ÊÓƵDT broad discretion in managing its cases and in determining whether or not it has sufficient evidence and information ¡°for the fair and expeditious disposal of the case and to do justice to the parties. Ä¢¹½ÊÓƵAT noted that the Appellant adduced no evidence to support his contention that the exercise of discretion by Ä¢¹½ÊÓƵDT was...