Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the reasons proffered by the Administration for not renewing Mr Pirnea¡¯s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea¡¯s appointment was based solely on speculation and that Ä¢¹½ÊÓƵDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. Ä¢¹½ÊÓƵAT noted that, under Article 11(1) of the Ä¢¹½ÊÓƵDT Statute, Ä¢¹½ÊÓƵDT was required to explain the reasons, facts, and law on which its award of compensation was based, which it did not do. Ä¢¹½ÊÓƵAT held that there was no basis for an award of compensation on the grounds of an unlawful non-renewal. Ä¢¹½ÊÓƵAT held that there was no legal basis for Ä¢¹½ÊÓƵDT to address the propriety of any actions by the CSA since Mr Pirnea never sought management evaluation of such actions and they were not relevant to the issues before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the DSA claim was not receivable because it had not been referred to management evaluation. Ä¢¹½ÊÓƵAT held that, in concluding that Mr Pirnea sought management evaluation of his DSA claim, Ä¢¹½ÊÓƵDT erred in law and fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its jurisdiction or competence in receiving the DSA claim and reaching its merits. Ä¢¹½ÊÓƵAT affirmed the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.
Accountability Referral: Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and fact when it referred the conduct of the CSA to the Secretary-General for possible action to enforce accountability, as the issue of Mr Pirnea¡¯s reassignment was never appealed and was not before Ä¢¹½ÊÓƵDT, and there was no evidence showing the CSA had any role in the failure of the Office of Audit and Investigations to give timely written notice to Mr Pirnea of the closure of its investigation.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his contract. Ä¢¹½ÊÓƵDT found for the Applicant, awarded him compensation and Daily Subsistence Allowance (DSA) entitlements, and referred the conduct of the Chief Security Advisor (CSA) to the Secretary-General.
Legal Principle(s)
An administrative decision not to renew a fixed-term appointment must not be deemed unlawful on the sole ground that the decision itself does not articulate the reason for the non-renewal; however, this does not mean that the Administration is not required to disclose the reasons not to renew the appointment. The Administration has an obligation to state the reasons for an administrative decision not to renew an appointment to assure the Tribunal¡¯s ability to judicially review the validity of the decision. Ä¢¹½ÊÓƵDT is required to explain the reasons, facts, and law on which its award of compensation was based. A staff member wishing to formally contest an administrative decision must first submit a request for management evaluation.