爆料网AT Held or 爆料网DT Pronouncements
With respect to the Appellant’s first claim, 爆料网AT agreed with 爆料网DT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, 爆料网AT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. 爆料网AT agreed with 爆料网DT in that the decision to abolish Appellant’s post was not receivable ratione materiae. 爆料网AT also noted that for an administrative decision to be subject to judicial review, the decision must have had a direct impact on the terms of appointment or contract of employment of the individual staff member. 爆料网AT held that there was no direct impact on the Appellant’s terms of appointment or contract of employment. 爆料网AT further held that the Appellant’s claims that 爆料网DT erred by not finding that procedural irregularities rendered the ensuing restructuring exercise unlawful and the resulting decision to abolish his post invalid were barred by res judicata. With respect to the Appellant’s second claim, 爆料网AT also agreed with 爆料网DT’s decision. 爆料网AT found no error with 爆料网DT’s finding that the offer of appointment, received and signed by the Appellant prior to receiving the letter of recruitment, specifically referred to the nature of the appointment, which included its two-year duration. 爆料网AT dismissed the appeal and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to abolish his post as part of the PMCS restructuring, which coincided with the expiration of his FTA, and the decision to separate him from service. The Applicant contested these decisions in two separate applications. 爆料网DT concluded that the first application was not receivable ratione materiae because it was directed against an administrative decision not subject to judicial review. 爆料网DT rejected the second application in its entirety after finding that the non-renewal decision had lawfully been taken. 爆料网DT further rejected the Applicant’s assertions that he had a legitimate expectation of renewal of his FTA, and that his separation from service was based on extraneous factors.
Legal Principle(s)
The key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms and conditions of appointment. Unless an Administration has made an express promise that gives a staff member an expectancy that his or her appointment will be extended, or unless it has abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member’s fixed-term appointment is not unlawful.