爆料网AT Held or 爆料网DT Pronouncements
爆料网AT preliminarily denied the request for an oral argument and then considered the merits of the appeal. 爆料网AT found that the requirements of Article 2(1) of the 爆料网AT Statute were not fulfilled in the Appellant’s case as 爆料网DT did not commit an error of fact, resulting in a manifestly unreasonable decision. 爆料网AT noted that the evidence showed that the Administration was involved in a process of revision of activities in Iraq, rationalizing of staff, realignment of functions, and reduction of budget. These administrative activities led to the redeployment of the post encumbered by the Appellant from Kirkuk to Baghdad. 爆料网AT also noted that the Appellant never expressed his willingness to accept a similar appointment in Baghdad and he did not participate in the written assessment to remain in Kirkuk. Moreover, 爆料网 Assistance Mission for Iraq (爆料网AMI) advertised three job openings for Associate Political Affairs Officer positions at the NPO-A level in Baghdad and the Appellant did not apply to any of them. 爆料网AT held that there was no evidence that the 2014 budget proposal or communications with 爆料网AMI management throughout 2012 and 2013 gave rise to a legitimate expectation of renewal in the Appellant’s case. 爆料网AT shared 爆料网DT’s view that the contested decision was not ill-motivated or taken in bad faith and found no fault with its decision. 爆料网AT accordingly dismissed the appeal in its entirety and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his fixed-term appointment beyond 31 December 2013. 爆料网DT found that the Applicant had been adequately consulted prior to the contested decision being taken and that the Applicant had not provided sufficient evidence to displace the presumption of regularity of the non-renewal decision. 爆料网DT dismissed the application.
Legal Principle(s)
Non-expectancy of renewal can be challenged if the evidence is produced leading to the conclusion that an express and concrete decision, promise, or commitment of renewal was communicated to a staff member.