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Ä¢¹½ÊÓƵAT held that her appointment was terminated due to a lack of funding; several of her colleagues also had their fixed-term appointments terminated for the same reason at the same time. Ä¢¹½ÊÓƵAT held that the fact that the Appellant may have complained about her working conditions or cooperated in any subsequent preliminary investigation into possible harassment, did not on its face exposes her to the termination. Ä¢¹½ÊÓƵAT held that there was no reversible error on part of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT noted that there was no evidence to support the Appellant¡¯s allegations that the statements of her witnesses were used in their entirety by Ä¢¹½ÊÓƵDT and, even assuming that the Ä¢¹½ÊÓƵDT had been in breach of its rules of procedure by making those statements, Ä¢¹½ÊÓƵAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that the Ä¢¹½ÊÓƵDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, Ä¢¹½ÊÓƵAT held that it was new evidence, for which leave was required, in order to adduce it before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT did not find any exceptional circumstances existed to require it to consider the new evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in taking into consideration the conditions governing the Appellant¡¯s deputation in order to determine his...

Ä¢¹½ÊÓƵAT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. Ä¢¹½ÊÓƵAT held that the appeal was receivable because Ä¢¹½ÊÓƵDT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. Ä¢¹½ÊÓƵAT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...

Although the Administration failed to take into account the Applicant¡¯s upgraded performance appraisal, Ä¢¹½ÊÓƵAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. Ä¢¹½ÊÓƵAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT allowed the appeal in part, modifying the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT held that, in order for the Appellant¡¯s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and Ä¢¹½ÊÓƵAT held that it found no reason to reverse the finding of Ä¢¹½ÊÓƵDT that there was no evidence of such a commitment. Ä¢¹½ÊÓƵAT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. Ä¢¹½ÊÓƵAT held that the need for translator services at Ä¢¹½ÊÓƵAMI could...

Ä¢¹½ÊÓƵAT considered appeals against Ä¢¹½ÊÓƵDT judgment Nos. Ä¢¹½ÊÓƵDT/2010/108 and Ä¢¹½ÊÓƵDT/2010/109 jointly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that the Ä¢¹½ÊÓƵDT¡¯s finding of fact was not supported by the evidence or that it was unreasonable. Ä¢¹½ÊÓƵAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that the Ä¢¹½ÊÓƵDT¡¯s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to Ä¢¹½ÊÓƵDT having stepped into the shoes of the Ä¢¹½ÊÓƵ Medical Director. Ä¢¹½ÊÓƵAT held that there were no grounds to disagree with the finding of Ä¢¹½ÊÓƵDT that Ms Frechon¡¯s contract was, in fact, terminated for medical reasons. Ä¢¹½ÊÓƵAT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in rescinding the decision to...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to show how Ä¢¹½ÊÓƵDT exceeded its jurisdiction or competence or failed to exercise its jurisdiction. Ä¢¹½ÊÓƵAT held that the Appellant had not identified an error on a question of law. Ä¢¹½ÊÓƵAT held that it had no reason to disagree with Ä¢¹½ÊÓƵDT¡¯s holding that no institutional prejudice, or retaliation, played a part in the non-renewal of the Appellant¡¯s contract. Ä¢¹½ÊÓƵAT noted that the decision to take the Appellant¡¯s portfolio away from him had been taken before he had made any report of wrongdoing. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s non-selection for the 11 posts involved...

Ä¢¹½ÊÓƵAT held that, except for the Appellant¡¯s own assertion, it found no evidence to show that he was a genuine whistle-blower. Ä¢¹½ÊÓƵAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. Ä¢¹½ÊÓƵAT held that the non-renewal of the Appellant¡¯s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. Ä¢¹½ÊÓƵAT...