2015-罌厭弝ⅰAT-500

罌厭弝ⅰAT Held or 罌厭弝ⅰDT Pronouncements

罌厭弝ⅰAT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. 罌厭弝ⅰAT held that 罌厭弝ⅰDT made several errors of law when it found 罌厭弝ⅰICEF＊s decision not to renew Mr Said＊s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. 罌厭弝ⅰAT held that 罌厭弝ⅰDT did not accord any deference to 罌厭弝ⅰICEF＊s conclusion that Mr Said＊s performance was poor and, instead, 罌厭弝ⅰDT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. 罌厭弝ⅰAT held that 罌厭弝ⅰDT made an error of law when it set its own standard for the poor performance required to support a non-renewal decision. 罌厭弝ⅰAT held that 罌厭弝ⅰDT made an error of law in finding that 罌厭弝ⅰICEF had ignored all elementary rules of fairness in regard to performance and improvement. 罌厭弝ⅰAT held that 罌厭弝ⅰDT exceeded its competence in reaching issues not raised by Mr Said. 罌厭弝ⅰAT held that 罌厭弝ⅰDT made errors of law when it concluded that the 罌厭弝ⅰICEF＊s decision not to renew Mr Said＊s appointment due to his poor performance was not supported by his PER and was unlawful. 罌厭弝ⅰAT granted the Secretary-General＊s appeal, dismissed Mr Said＊s appeal and vacated the 罌厭弝ⅰDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his appointment for poor performance. 罌厭弝ⅰDT found for the Applicant and awarded compensation.

Legal Principle(s)

It is not the function of 罌厭弝ⅰDT to substitute its own decision for that of the Administration.

Outcome

Appeal dismissed on merits; Appeal granted

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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

Said

Entity

Case Number(s)

Tribunal

Registry