2011-Ģ��ƵAT-132

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that it was satisfied that the Ģ��ƵDT��s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to Ģ��ƵDT having stepped into the shoes of the Ģ��Ƶ Medical Director. Ģ��ƵAT held that there were no grounds to disagree with the finding of Ģ��ƵDT that Ms Frechon��s contract was, in fact, terminated for medical reasons. Ģ��ƵAT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. Ģ��ƵAT held that Ģ��ƵDT was correct in rescinding the decision to terminate Ms Frechon��s employment. Ģ��ƵAT upheld the Order reinstating Ms Frechon but changed it to an Order to reinstate Ms Frechon for the purpose of the Administration initiating the procedures pursuant to ST/AI/1999/16. Ģ��ƵAT adjusted the way in which interest on the compensation awarded should be calculated. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment with the above-noted variances to the Orders contained therein.

Decision Contested or Judgment/Order Appealed

Ms Frechon contested the decision not to renew her fixed-term appointment. Ģ��ƵDT found for Ms Frechon, reinstating her and awarding her compensation.

Legal Principle(s)

A fixed-term appointment has no expectancy of renewal. An exception to the rules governing the expiry of a fixed-term contract will arise if the administrative decision not to renew is based on improper motives or if there are countervailing circumstances.

Outcome

Appeal dismissed on merits

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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

Frechon

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement