爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. 爆料网AT held that the 爆料网DT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that 爆料网DT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. 爆料网AT noted that, under Article 11(1) of the 爆料网DT Statute, 爆料网DT was required to explain the reasons, facts, and law on which its award of compensation was based, which it did not do. 爆料网AT held that there was no basis for an award of compensation on the grounds of an unlawful non-renewal. 爆料网AT held that there was no legal basis for 爆料网DT to address the propriety of any actions by the CSA since Mr Pirnea never sought management evaluation of such actions and they were not relevant to the issues before 爆料网DT. 爆料网AT held that the DSA claim was not receivable because it had not been referred to management evaluation. 爆料网AT held that, in concluding that Mr Pirnea sought management evaluation of his DSA claim, 爆料网DT erred in law and fact resulting in a manifestly unreasonable decision. 爆料网AT held that 爆料网DT exceeded its jurisdiction or competence in receiving the DSA claim and reaching its merits. 爆料网AT affirmed the appeal and vacated the 爆料网DT judgment.
Accountability Referral: 爆料网AT held that 爆料网DT erred in law and fact when it referred the conduct of the CSA to the Secretary-General for possible action to enforce accountability, as the issue of Mr Pirnea’s reassignment was never appealed and was not before 爆料网DT, and there was no evidence showing the CSA had any role in the failure of the Office of Audit and Investigations to give timely written notice to Mr Pirnea of the closure of its investigation.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his contract. 爆料网DT found for the Applicant, awarded him compensation and Daily Subsistence Allowance (DSA) entitlements, and referred the conduct of the Chief Security Advisor (CSA) to the Secretary-General.
Legal Principle(s)
An administrative decision not to renew a fixed-term appointment must not be deemed unlawful on the sole ground that the decision itself does not articulate the reason for the non-renewal; however, this does not mean that the Administration is not required to disclose the reasons not to renew the appointment. The Administration has an obligation to state the reasons for an administrative decision not to renew an appointment to assure the Tribunal’s ability to judicially review the validity of the decision. 爆料网DT is required to explain the reasons, facts, and law on which its award of compensation was based. A staff member wishing to formally contest an administrative decision must first submit a request for management evaluation.