2015-Ģ��ƵAT-503

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal of judgment No. Ģ��ƵDT/2013/151 by the Secretary-General. As a preliminary matter, Ģ��ƵAT held that Ģ��ƵDT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and Ģ��ƵAT granted the Secretary-General��s motion to redact those paragraphs of the impugned judgment. Ģ��ƵAT held that Ģ��ƵDT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by Ģ��ƵAT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise that Mr Hepworth��s appointment would be renewed. Ģ��ƵAT held that Ģ��ƵDT made an error of law and fact when it shifted the burden to Ģ��ƵEP to show that the decision not to renew Mr Hepworth��s appointment was not motivated by improper reasons. Ģ��ƵAT held that Ģ��ƵDT made numerous errors of law and fact when it concluded that it was unlawful for Ģ��ƵEP not to renew Mr Hepworth��s appointment, and the Ģ��ƵDT judgment should be reversed. Ģ��ƵAT ordered the redaction of paragraphs relating to confidential material, granted the Secretary-General��s appeal and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Mr Hepworth contested the decision not to renew his contract. Ģ��ƵDT found against Mr Hepworth, and that his refusal to accept a reassignment constituted a valid reason for the non-renewal. On appeal, Ģ��ƵAT found that Ģ��ƵDT committed an error in procedure when Mr Hepworth was not given an opportunity to call witnesses at trial. The case was remanded to Ģ��ƵDT. In judgment Ģ��ƵDT/2013/151, Ģ��ƵDT concluded that the non-renewal decision was based on unlawful grounds.

Legal Principle(s)

The principle of stare decisis creates foreseeable and predictable results within the system of internal justice. A fixed-term appointment has no expectation of renewal or conversion to another type of appointment. The burden is on the staff member to show a legitimate expectancy of renewal or that the non-renewal of a fixed-term appointment was arbitrary or motivated by bias, prejudice or improper motive against the staff member.

Outcome

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

Hepworth

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement