爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT’s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. 爆料网AT held that 爆料网DT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that 爆料网DT was unable to find any such evidence, 爆料网AT held that the Appellant’s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. 爆料网AT held that it was satisfied that 爆料网DT’s decision was correctly based on the applicable law and the available evidence. 爆料网AT held that the Appellant failed to establish that 爆料网DT committed any error, whether of law, fact or procedure, in concluding that he had not produced any evidence capable of amounting to a promise of renewal. On the question of whether the decision not to renew the appointment was improperly motivated or discriminatory, 爆料网AT held that 爆料网DT’s conclusion was consistent with the evidence and the Appellant had not put forward any persuasive grounds to warrant interference by 爆料网AT. 爆料网AT held that the Appellant had not established any error in 爆料网DT’s determination that the fact that the other staff members remained in service did not have any impact on the legality of the non-renewal of his fixed-term appointment. 爆料网AT held that there was no error in the 爆料网DT’s finding that the Appellant had failed to establish that the decision not to renew his fixed-term appointment was tainted by improper motives or discriminatory. 爆料网AT held that the decision was a legitimate exercise of the Administration’s discretion, based on operational realities, and was justified in view of the temporary closure of the office, which rendered the Appellant’s services unnecessary. 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 non-renewal of his fixed-term appointment. 爆料网DT dismissed the application.
Legal Principle(s)
爆料网DT has a broad discretion to determine the admissibility of any evidence and the weight to be attached thereto.