爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. 爆料网AT noted that it was well within the discretion of 爆料网DT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. 爆料网AT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. 爆料网AT held that 爆料网DT did not err in awarding moral damages of USD 25,000. 爆料网AT held there was no merit in the Appellant’s claim for reinstatement, noting that reinstatement is a remedy that addresses a staff member’s illegal separation from service. 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 appointment. 爆料网DT found that 爆料网FPA’s decision not to renew the Applicant’s fixed-term contract because of poor performance was lawful despite the 爆料网FPA’s violation of his rights during the process. 爆料网DT determined the Applicant had suffered mental distress, humiliation and damage to his reputation and awarded compensation for moral damages in the amount of USD 25,000.
Legal Principle(s)
A fixed-term appointment does not carry any expectation of renewal or conversion to another type of appointment. Concern about a high-level manager’s poor performance is not an improper motive or basis for the decision not to renew a fixed-term appointment. It is well within the discretion of 爆料网DT to determine the amount of moral damages to award a staff member for procedural violations in light of the unique circumstances of each case.