爆料网AT Held or 爆料网DT Pronouncements
爆料网AT referred to Article 2(1) of the 爆料网AT Statute and held that the Appellant did not show any errors in the 爆料网RWA DT judgment and her claims on appeal could not succeed. 爆料网AT further found no fault in 爆料网RWA DT’s finding that there was no retaliation against the Appellant and that 爆料网RWA DT did not err on a question of law or fact, resulting in a manifestly unreasonable decision, nor did it commit an error in procedure, such as to affect the decision of the case. 爆料网AT noted that it was within the discretion of the Agency to close the case against the PMO and that the Agency has no authority to issue a disciplinary measure against a former staff member. 爆料网AT also held that 爆料网RWA DT did not err in finding that the Appellant’s contentions do not demonstrate that the justification provided for the non-renewal decision by the Commissioner-General was a false one. 爆料网AT noted that the Appellant’s position was to be restructured and reclassified with effect from 1 January 2017 and there were no funds to simultaneously uphold her current position; consequently, it was only possible to extend her LDC until the end of 2016. 爆料网AT further noted that, as her position was to be restructured, an extension of her current appointment beyond 31 December 2016 was not possible for budgetary reasons, and the Appellant had declined the offer of an extension until the end of the year, 爆料网RWA DT did not err when finding that the Administration’s decision was lawful. 爆料网AT dismissed the appeal and affirmed 爆料网RWA DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to extend her LDC for only two months and 10 days instead of six months. 爆料网RWA DT was satisfied with the justification for the decision provided by the Commissioner-General, namely that there was a change in the source of funding for the Applicant’s post. 爆料网RWA DT further considered, in light of the Applicant’s positive Performance Evaluation Report, that the contested decision did not constitute an act of retaliation following her complaint against the PMO. 爆料网RWA DT accordingly dismissed the application in its entirety.
Legal Principle(s)
The Administration has broad discretion whether or not to conduct disciplinary investigations against a staff member. Only under special circumstances may a staff member request that such investigations be undertaken against another staff member.
Outcome
Outcome Extra Text
No relief was ordered.