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The ±¬ÁÏÍøDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the ±¬ÁÏÍøDT committed several errors of law, its main finding is not put into doubt by the Secretary-General¡¯s appeal. Therefore, in this respect, the Secretary-General¡¯s appeal cannot succeed. ±¬ÁÏÍøDT's finding that ±¬ÁÏÍø-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

Both parties appealed. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT was correct regarding the non-receivability ratione materiae with respect to the first three decisions. ±¬ÁÏÍøAT, however, disagreed with ±¬ÁÏÍøDT¡¯s finding that the Administration had unlawfully delayed check-out, including his final payments and the submission of the required forms for his pension, since the period of three and a half months which was taken by the Administration to investigate and proceed with Mr Nchimbi¡¯s ¡°check-out¡± was not unreasonable in the given circumstances. ±¬ÁÏÍøAT upheld the Secretary-General's appeal and dismissed Mr Nchimbi¡¯s...