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Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant¡¯s application was flawed by procedural irregularities. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before Ä¢¹½ÊÓƵRWA DT. The Appellant¡¯s decision to sign the contract was binding on him as there was no evidence of duress. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵDT¡¯s conclusion that the Appellant¡¯s G-6 post, funded through government contributions, no longer exist on the 1st of August 2013, the day after the expiration of her appointment. Ä¢¹½ÊÓƵAT held that the reason provided for the non-extension of appointment was supported by the evidence. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s finding that there was no evidence provided to support the allegation that the contested decision was ill-motivated. Ä¢¹½ÊÓƵAT dismissed the appeal the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. Ä¢¹½ÊÓƵAT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi¡¯s...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal. Ä¢¹½ÊÓƵAT considered the criteria set out in Article 2 of the Ä¢¹½ÊÓƵAT Statute to determine whether any alleged errors of law and fact resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT found that there was no evidence that the decision to abolish the post encumbered by the Appellant was unlawful. Ä¢¹½ÊÓƵAT also found that Ä¢¹½ÊÓƵRWA DT¡¯s decision was correctly based on the applicable law and available evidence. To that end, Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that the Ä¢¹½ÊÓƵRWA DT committed any error, whether of law, fact, or procedure. Ä¢¹½ÊÓƵAT further noted that...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in concluding that the decision not to renew the Appellant¡¯s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. Ä¢¹½ÊÓƵAT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. Ä¢¹½ÊÓƵAT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...

Ä¢¹½ÊÓƵAT held that the lack of the nationality requirement on the Appellant¡¯s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, Ä¢¹½ÊÓƵAT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the RoP. Ä¢¹½ÊÓƵAT held that Toure is binding precedent on Ä¢¹½ÊÓƵDT as it applied to the Appellant¡¯s case and found no fault with Ä¢¹½ÊÓƵDT¡¯s judgment.

With respect to the Appellant¡¯s first claim, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, Ä¢¹½ÊÓƵAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT in that the decision to abolish Appellant¡¯s post was not receivable ratione materiae. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT found no error of law in Ä¢¹½ÊÓƵRWA DT¡¯s decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. Ä¢¹½ÊÓƵAT held that, by applying objective criteria in the reduction of the staffing levels, Ä¢¹½ÊÓƵRWA adhered to the principles of equality...

The Secretary-General appealed Ä¢¹½ÊÓƵDT¡¯s finding that the contested decisions to abolish Ms Nouinou¡¯s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. Ä¢¹½ÊÓƵAT held that there was no administrative decision to terminate Ms Nouinou¡¯s contract prior to its expiration and...