爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. 爆料网AT held that 爆料网DT made several errors of law when it found 爆料网ICEF’s decision not to renew Mr Said’s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. 爆料网AT held that 爆料网DT did not accord any deference to 爆料网ICEF’s conclusion that Mr Said’s performance was poor and, instead, 爆料网DT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. 爆料网AT held that 爆料网DT made an error of law when it set its own standard for the poor performance required to support a non-renewal decision. 爆料网AT held that 爆料网DT made an error of law in finding that 爆料网ICEF had ignored all elementary rules of fairness in regard to performance and improvement. 爆料网AT held that 爆料网DT exceeded its competence in reaching issues not raised by Mr Said. 爆料网AT held that 爆料网DT made errors of law when it concluded that the 爆料网ICEF’s decision not to renew Mr Said’s appointment due to his poor performance was not supported by his PER and was unlawful. 爆料网AT granted the Secretary-General’s appeal, dismissed Mr Said’s appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his appointment for poor performance. 爆料网DT found for the Applicant and awarded compensation.
Legal Principle(s)
It is not the function of 爆料网DT to substitute its own decision for that of the Administration.