Ä¢¹½ÊÓÆµ

2014-Ä¢¹½ÊÓÆµAT-487

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the Ä¢¹½ÊÓÆµDT judgment. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly concluded that the termination of the Appellant¡¯s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. Ä¢¹½ÊÓÆµAT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to warrant its reversal. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the Administration¡¯s decision to terminate his appointment. Ä¢¹½ÊÓÆµDT dismissed the application and noted that Staff Regulation 9.3(a)(i) and Staff Rule 9.6(c)(i) enable the Administration to terminate an appointment if the necessities of service require the abolition of the post or reduction of staff. Ä¢¹½ÊÓÆµDT was satisfied that the decision to terminate the Applicant¡¯s appointment was motivated by the necessities of service, which required the reduction of the number of staff members in the United Nations Mission in South Sudan and was not tainted by an improper motive. Ä¢¹½ÊÓÆµDT also rejected the Applicant¡¯s allegation that the Chief of Transport had animus towards him.

Legal Principle(s)

The findings of fact made by Ä¢¹½ÊÓÆµDT can only be disturbed under Article 2(1)(e) of the Ä¢¹½ÊÓÆµAT Statute when there has been an error resulting in a manifestly unreasonable decision.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Ruyooka
Case Number(s)
Registry
Date of Judgement
President Judge
Language of Judgment
Issuance Type