爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the Appellant had failed to show that 爆料网DT exceeded its discretion in matters of case management. 爆料网AT noted that it was indisputable that the Appellant had made a request to 爆料网DT for his witness to be called. 爆料网AT found that there was no mention of any witness in the 爆料网DT judgment and that it was not clear that 爆料网DT had considered that evidence. 爆料网AT held that the Appellant should have been given the opportunity to call his witness or given an explanation by 爆料网DT for not calling the witness. 爆料网AT held that 爆料网DT had committed an error of procedure, such as to affect the decision of the case under Article 2. 1(d) of the 爆料网AT Statute, by not allowing the Appellant to call a witness. 爆料网AT remanded the case to 爆料网DT, to hear the evidence of the Appellant’s witness. 爆料网AT upheld the appeal and remanded the case to 爆料网DT to be considered by a different judge.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant contested the decision not to renew his fixed-term appointment. 爆料网DT issued judgment No. 爆料网DT/2013/025, dismissing the application. 爆料网DT found that the Applicant had failed to satisfy the burden of proof required to demonstrate that the decision not to renew his fixed-term appointment was tainted by improper considerations or was otherwise unlawful. 爆料网DT found that the recommendations of the Final Report were rendered irrelevant as they were never implemented because the Van Field Office was closed due to damage caused by the earthquake. 爆料网DT found that the non-renewal decision was thus solely an Organisational measure that 爆料网HCR was forced to take following the earthquake. 爆料网DT rejected the Applicant’s argument that he was not treated in the same manner as the other staff members, finding that his situation was different from that of the staff members who continued to serve their posts.
Legal Principle(s)
The burden of proving that the grounds for non-renewal were unlawful lies with the staff member contesting the decision not to renew his or her contract.