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 爆料网DT made an error of law when it applied 爆料网ICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. 爆料网AT held that 爆料网DT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. 爆料网AT held that 爆料网DT’s conclusion that the non-renewal decision was vitiated by 爆料网ICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. 爆料网AT held that 爆料网DT erroneously concluded that both the Chad Country Deputy Representative and the Representative had tainted or bad motives in deciding not to review Mr. Assale’s appointment. 爆料网AT held that 爆料网ICEF’s failure to complete Mr. Assale’s performance appraisal before the end of January 2011 did not invalidate the non-renewal decision, as 爆料网DT erroneously determined. 爆料网AT held that 爆料网DT made an error of law when it concluded that 爆料网ICEF was required to extend Mr Assale’s fixed-term appointment until the Office of Internal Audit issued its Investigation Report addressing his harassment complaint and accordingly, that such a conclusion could not support 爆料网DT’s ultimate determination that the non-renewal decision was unlawful. 爆料网AT held that 爆料网DT erred in law and exceeded its competence when it considered de novo whether harassment occurred and found that the Chad Country Representative had created a hostile work environment for Mr Assale and consequently, that finding could not support the 爆料网DT’s ultimate determination that the non-renewal was unlawful. 爆料网AT held that the 爆料网DT award of compensation was without basis and should be vacated. 爆料网AT granted the Secretary-General’s appeal and vacated the 爆料网DT judgment.
Accountability Referral: 爆料网AT held that there were no grounds for 爆料网DT to refer both of the managers for accountability and that 爆料网DT exceeded its competence when it improperly requested to be informed of the outcomes of both referrals. 爆料网AT vacated the 爆料网DT referral for possible action to enforce accountability.
Decision Contested or Judgment/Order Appealed
Mr Assale contested the decision not to renew his appointment on the grounds that 爆料网ICEF failed to comply with its own regulations and rules. 爆料网DT found for Mr Assale, awarded compensation and referred the Chad Country Deputy Representative and the Representative to the Executive Director of 爆料网ICEF for accountability.
Legal Principle(s)
An administrative decision not to renew a fixed-term appointment can be challenged on the grounds that the Organisation has not acted fairly, justly or transparently or was motivated by bias, prejudice or improper motive against the staff member; the staff member has the burden of proving such factors played a role in the administrative decision.