2017-Ģ��ƵAT-777

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellant��s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. Ģ��ƵAT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. Ģ��ƵAT noted that Ģ��ƵFCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. Ģ��ƵAT found no fault in Ģ��ƵDT��s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the extent it did. Ģ��ƵAT agreed with the Ģ��ƵDT��s findings as to the legal effect of the memorandum signed by the Appellant. Ģ��ƵAT held that, contrary to the Appellant��s view, there were benefits to surrendering her lien. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to terminate her employment. The Applicant had voluntarily surrendered her lien on the post, which meant that she would have no post to return to at the end of her temporary assignment. Ģ��ƵDT dismissed the application in its entirety.

Legal Principle(s)

A memorandum of agreement signed by a staff member will normally be enforced.

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

Faust

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement