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Ä¢¹½ÊÓƵAT noted that there was no evidence to support the Appellant¡¯s allegations that the statements of her witnesses were used in their entirety by Ä¢¹½ÊÓƵDT and, even assuming that the Ä¢¹½ÊÓƵDT had been in breach of its rules of procedure by making those statements, Ä¢¹½ÊÓƵAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that the Ä¢¹½ÊÓƵDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, Ä¢¹½ÊÓƵAT held that it was new evidence, for which leave was required, in order to adduce it before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT did not find any exceptional circumstances existed to require it to consider the new evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in taking into consideration the conditions governing the Appellant¡¯s deputation in order to determine his...

Although the Administration failed to take into account the Applicant¡¯s upgraded performance appraisal, Ä¢¹½ÊÓƵAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. Ä¢¹½ÊÓƵAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT allowed the appeal in part, modifying the Ä¢¹½ÊÓƵDT...

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 held that, except for the Appellant¡¯s own assertion, it found no evidence to show that he was a genuine whistle-blower. Ä¢¹½ÊÓƵAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. Ä¢¹½ÊÓƵAT held that the non-renewal of the Appellant¡¯s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. Ä¢¹½ÊÓƵAT...

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 Appellant¡¯s request to have all appeal-related documents removed from her Ä¢¹½ÊÓƵRWA official service file. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in finding no irregularity in the decision-making process under judicial review and consequently dismissing the application. Ä¢¹½ÊÓƵAT held that the Appellant had to persuade it that there were flaws in the contested administrative decision not to renew her fixed-term appointment, the proceedings that led to it, or in the Ä¢¹½ÊÓƵRWA DT¡¯s judgment, which would warrant vacating the judgment. Ä¢¹½ÊÓƵAT held that the Appellant had not raised new arguments...

Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT¡¯s review of the factual situation by necessity involved consideration of issues beyond the mere fact of the non-renewal of the Appellant¡¯s contract and, thus, found no merit in the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT¡¯s deliberations on the issue of non-renewal took place in isolation of the facts surrounding the decision. With respect to the Appellant¡¯s contention that Ä¢¹½ÊÓƵDT failed to account for the negative impact of the non-renewal of his personal and professional life, Ä¢¹½ÊÓƵAT found no error in the Secretary-General¡¯s exercise of discretion to take action to address the...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal. Ä¢¹½ÊÓƵAT noted that, contrary to the Appellant¡¯s contention, Ä¢¹½ÊÓƵDT was not required to ascertain whether the closure of the Centre was a consequence of mismanagement or of any other factor since the primary purpose was not to get rid of the Appellant. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not fail to exercise its jurisdiction by not ascertaining whether the closure of the Centre was the result of serious mismanagement and irregularities. Ä¢¹½ÊÓƵAT also found that the Appellant failed to submit sufficiently clear and convincing evidence that the desire to retaliate against him...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the statement dated 26 November 2003 was neither a decision to terminate the Appellant¡¯s appointment nor a disciplinary measure. Ä¢¹½ÊÓƵAT held that the statement was merely a publicly stated opinion which had no legal consequences on the Appellant who, in addition to having already been informed on 29 October 2003 that his contract would not be renewed beyond 30 November 2003, had also declared that he would not be able or willing to continue working for Ä¢¹½ÊÓƵODC after his contract expired. Ä¢¹½ÊÓƵAT accordingly dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT...