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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Administration had failed to provide a performance-related justification for its decision not to renew Mr Ncube¡¯s fixed-term appointment. Ä¢¹½ÊÓƵAT held that the decision not to renew Mr Ncube¡¯s appointment had to be upheld despite the fact that his e-PAS suffered from procedural irregularities as it did not consider that the flaws rendered the appraisal unlawful or unreasonable. Ä¢¹½ÊÓƵAT considered that the decision not to renew the appointment was justified because the Secretary-General proved that the overall evaluation of Mr Ncube of ¡°does not meet expectations¡± was not arbitrary but, rather, objective, fair and well-grounded, and his due process rights were fully respected within the evaluation process. Ä¢¹½ÊÓƵAT held that the witnesses who testified that Mr Ncube was underperforming were credible and that the testimonies of Mr Ncube and another witness who was a colleague and friend did not cast doubt on the 2012 appraisal. In addition, Ä¢¹½ÊÓƵAT held that Mr Ncube was informed of his performance shortcomings, was given ample opportunity to improve and his due process rights were respected. Ä¢¹½ÊÓƵAT held that there was a performance-related justification for not renewing Mr Ncube¡¯s appointment, the impugned decision was lawful and Ä¢¹½ÊÓƵDT made an error of law in concluding otherwise and rescinding the non-renewal decision. Ä¢¹½ÊÓƵAT held that there could be no order of in-lieu compensation and there was no basis to award compensation for moral injury. Ä¢¹½ÊÓƵAT upheld the appeal and reversed the Ä¢¹½ÊÓƵDT judgment.