爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the contentions against judgment No. 爆料网DT/2009/004 were not receivable since only appeals against judgments on merits are receivable. Regarding the contentions against judgment No. 爆料网DT/2011/080, 爆料网AT held that there was no need to produce further documents. 爆料网AT held that 爆料网DT had correctly applied Article 10. 5 of the 爆料网DT Statute in ordering compensation in lieu and that the Appellant had no right to request 爆料网AT to order his reinstatement. 爆料网AT noted that the non-renewal was based on a tainted performance evaluation and that 爆料网DT, therefore, ordered the rescission of the decision. 爆料网AT held that 爆料网DT had correctly assessed the chances of the Appellant’s contract being renewed if the irregularities had not happened and that 爆料网DT had committed no error in finding that the probability of a different outcome to be low. 爆料网AT held that the Appellant had failed to demonstrate that he had a legitimate expectation of renewal. 爆料网AT held that the compensation granted by 爆料网DT was in line with the 爆料网AT jurisprudence. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his contract and requested separately for 爆料网DT to suspend that decision. 爆料网DT issued judgment No. 爆料网DT/2009/004 rejecting the request for suspension of action. In judgment No. 爆料网DT/2011/080 爆料网DT addressed the merits. 爆料网DT found that the contested decision had been taken in violation of the applicable procedure. 爆料网DT ordered the rescission of the contested decision or, alternatively, compensation in lieu of two months' net base salary. 爆料网DT also ordered the Organisation to pay the Applicant compensation for non-pecuniary damages in the amount of one month's net base salary. The Applicant appealed against both judgments.
Legal Principle(s)
The amount of the compensation constituting an alternative to the execution of the rescission of an administrative decision on appointment, promotion or termination must be determined by 爆料网DT on a case-by-case basis. 爆料网DT has a discretionary power to decide whether to refer a case to the Secretary-General or to another competent authority.