2011-惇蹋厙AT-153

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT affirmed the decision of 惇蹋厙DT that the Appellant＊s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. 惇蹋厙AT held that 惇蹋厙DT did not err in limiting the scope of his application to the non-renewal. 惇蹋厙AT concurred with the former 惇蹋厙 Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member＊s fixed-term appointment is not unlawful. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his fixed-term appointment for poor performance. 惇蹋厙DT dismissed the application.

Legal Principle(s)

Poor performance may constitute a valid reason for the non-renewal of a contract.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Ahmed

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement