爆料网AT Held or 爆料网DT Pronouncements
爆料网AT noted that 爆料网DT’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 爆料网DT’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 爆料网DT failed to account for the negative impact of the non-renewal of his personal and professional life, 爆料网AT found no error in the Secretary-General’s exercise of discretion to take action to address the potential negative impact of allegations on the reputation and proper functioning of the Organisation. 爆料网AT held that the 爆料网DT Judge considered both the reasons for the non-renewal of the contract and the circumstances surrounding the making of the decision. 爆料网AT held that neither the failure of 爆料网DT to address the extent to which the press conference had been sanctioned nor the failure to record in its judgment that allegations had been made against others were omissions constituted, on the part of 爆料网DT, manifestly unreasonable decisions such as to impugn its judgment. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his appointment and the manner in which investigations were conducted. 爆料网DT concluded that the non-renewal decision constituted a proper exercise of the Secretary-General’s discretion.
Legal Principle(s)
Contracts of limited duration carry no expectation of renewal. When judging the validity of the Secretary-General’s exercise of discretion in administrative matters, 爆料网DT determines if the decision is legal, rational, procedurally correct, and proportionate, and it can consider whether relevant matters have been ignored and irrelevant matters considered and examine whether the decision is absurd or perverse. It is not the role of 爆料网DT to consider the correctness of the choice made by the Secretary-General amongst the various courses of action open to him, it is not the role of 爆料网DT to substitute its own decision for that of the Secretary-General.