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Ä¢¹½ÊÓƵAT noted that the reason given for the non-renewal of the Appellant¡¯s contract was a restructuring and that the Appellant conceded that the restructuring was properly done. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the opinion expressed by the Appellant¡¯s Chief, that his performance deficiencies and shortcomings could justify the non-renewal of his contract, was immaterial. Ä¢¹½ÊÓƵAT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT addressed the staff member¡¯s appeal seeking reversal of the Ä¢¹½ÊÓƵRWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was correct in finding that the Agency¡¯s extension of the Appellant¡¯s...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in concluding that the Administration¡¯s decision, to take into consideration in the context of the Appellant¡¯s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration¡¯s subsequent change of approach. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly determined that the Appellant¡¯s claims in this regard had become moot. Ä¢¹½ÊÓƵAT held that, in rendering the Appellant¡¯s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, Ä¢¹½ÊÓƵDT had failed to give sufficient weight to a central...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request to have all appeal-related documents removed from her Ä¢¹½ÊÓƵRWA official service file. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in finding no irregularity in the decision-making process under judicial review and consequently dismissing the application. Ä¢¹½ÊÓƵAT held that the Appellant had to persuade it that there were flaws in the contested administrative decision not to renew her fixed-term appointment, the proceedings that led to it, or in the Ä¢¹½ÊÓƵRWA DT¡¯s judgment, which would warrant vacating the judgment. Ä¢¹½ÊÓƵAT held that the Appellant had not raised new arguments...

Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT¡¯s review of the factual situation by necessity involved consideration of issues beyond the mere fact of the non-renewal of the Appellant¡¯s contract and, thus, found no merit in the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT¡¯s deliberations on the issue of non-renewal took place in isolation of the facts surrounding the decision. With respect to the Appellant¡¯s contention that Ä¢¹½ÊÓƵDT failed to account for the negative impact of the non-renewal of his personal and professional life, Ä¢¹½ÊÓƵAT found no error in the Secretary-General¡¯s exercise of discretion to take action to address the...

Ä¢¹½ÊÓƵAT held that the contentions against judgment No. Ä¢¹½ÊÓƵDT/2009/004 were not receivable since only appeals against judgments on merits are receivable. Regarding the contentions against judgment No. Ä¢¹½ÊÓƵDT/2011/080, Ä¢¹½ÊÓƵAT held that there was no need to produce further documents. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly applied Article 10. 5 of the Ä¢¹½ÊÓƵDT Statute in ordering compensation in lieu and that the Appellant had no right to request Ä¢¹½ÊÓƵAT to order his reinstatement. Ä¢¹½ÊÓƵAT noted that the non-renewal was based on a tainted performance evaluation and that Ä¢¹½ÊÓƵDT, therefore, ordered the rescission of the...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal. Ä¢¹½ÊÓƵAT noted that, contrary to the Appellant¡¯s contention, Ä¢¹½ÊÓƵDT was not required to ascertain whether the closure of the Centre was a consequence of mismanagement or of any other factor since the primary purpose was not to get rid of the Appellant. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not fail to exercise its jurisdiction by not ascertaining whether the closure of the Centre was the result of serious mismanagement and irregularities. Ä¢¹½ÊÓƵAT also found that the Appellant failed to submit sufficiently clear and convincing evidence that the desire to retaliate against him...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the statement dated 26 November 2003 was neither a decision to terminate the Appellant¡¯s appointment nor a disciplinary measure. Ä¢¹½ÊÓƵAT held that the statement was merely a publicly stated opinion which had no legal consequences on the Appellant who, in addition to having already been informed on 29 October 2003 that his contract would not be renewed beyond 30 November 2003, had also declared that he would not be able or willing to continue working for Ä¢¹½ÊÓƵODC after his contract expired. Ä¢¹½ÊÓƵAT accordingly dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT...

The Appellant contested the Ä¢¹½ÊÓƵDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. Ä¢¹½ÊÓƵAT held that if the Administration does not comply with a Tribunal¡¯s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT finding that the Administration¡¯s decision must be deemed unlawful, as the Secretary-General refused to comply...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the matter of compensation. Ä¢¹½ÊÓƵAT held that the appeal had to be allowed in part because Ä¢¹½ÊÓƵDT erred in setting the compensation in lieu of reinstatement at two years¡¯ net base salary without considering that Mr Gakumba¡¯s previous fixed-term appointments were one year each. Ä¢¹½ÊÓƵAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year¡¯s net base salary. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment on compensation for non-pecuniary damages and held that no error of law was...