Ä¢¹½ÊÓƵ

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 noted there was a pattern of withholding annual performance reports and salary increments, and that those delays were coupled with the denial of a post for which the Appellant was short-listed but was not filled prior to the Appellant¡¯s retirement. Ä¢¹½ÊÓƵAT noted the Appellant was also denied his post, which was abolished due to restructuring. Ä¢¹½ÊÓƵAT held that the Appellant was not treated conscientiously and fairly and deserved compensation. Ä¢¹½ÊÓƵAT granted the appeal in part and ordered that the Appellant be paid three months¡¯ net base salary as compensation.

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 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...

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 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 considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that, in the present case, Ä¢¹½ÊÓƵDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. Ä¢¹½ÊÓƵAT held that the award of full salary payable between separation and the date of the Ä¢¹½ÊÓƵDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. Ä¢¹½ÊÓƵAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...