Ä¢¹½ÊÓÆµ

2016-Ä¢¹½ÊÓÆµAT-678

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT preliminarily denied the request for an oral argument and then considered the merits of the appeal. Ä¢¹½ÊÓÆµAT found that the requirements of Article 2(1) of the Ä¢¹½ÊÓÆµAT Statute were not fulfilled in the Appellant¡¯s case as Ä¢¹½ÊÓÆµDT did not commit an error of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓÆµAT noted that the evidence showed that the Administration was involved in a process of revision of activities in Iraq, rationalizing of staff, realignment of functions, and reduction of budget. These administrative activities led to the redeployment of the post encumbered by the Appellant from Kirkuk to Baghdad. Ä¢¹½ÊÓÆµAT also noted that the Appellant never expressed his willingness to accept a similar appointment in Baghdad and he did not participate in the written assessment to remain in Kirkuk. Moreover, Ä¢¹½ÊÓÆµ Assistance Mission for Iraq (Ä¢¹½ÊÓÆµAMI) advertised three job openings for Associate Political Affairs Officer positions at the NPO-A level in Baghdad and the Appellant did not apply to any of them. Ä¢¹½ÊÓÆµAT held that there was no evidence that the 2014 budget proposal or communications with Ä¢¹½ÊÓÆµAMI management throughout 2012 and 2013 gave rise to a legitimate expectation of renewal in the Appellant¡¯s case. Ä¢¹½ÊÓÆµAT shared Ä¢¹½ÊÓÆµDT¡¯s view that the contested decision was not ill-motivated or taken in bad faith and found no fault with its decision. Ä¢¹½ÊÓÆµAT accordingly dismissed the appeal in its entirety and affirmed Ä¢¹½ÊÓÆµDT¡¯s judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his fixed-term appointment beyond 31 December 2013. Ä¢¹½ÊÓÆµDT found that the Applicant had been adequately consulted prior to the contested decision being taken and that the Applicant had not provided sufficient evidence to displace the presumption of regularity of the non-renewal decision. Ä¢¹½ÊÓÆµDT dismissed the application.

Legal Principle(s)

Non-expectancy of renewal can be challenged if the evidence is produced leading to the conclusion that an express and concrete decision, promise, or commitment of renewal was communicated to a staff member.

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
Khalaf
Case Number(s)
Registry
Date of Judgement
President Judge
Language of Judgment
Issuance Type