爆料网AT Held or 爆料网DT Pronouncements
The Secretary-General appealed 爆料网DT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. 爆料网AT held that 爆料网DT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. 爆料网AT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and recalled that separation as a result of termination in cases of abolition of posts or reduction of staff differs substantially from separation as a result of the expiration of a fixed-term appointment. 爆料网AT held that 爆料网DT made an error in concluding that the Appellant sought management evaluation of the decision to abolish her post and in finding that the application challenging the decision was receivable ratione materiae. 爆料网AT held that 爆料网DT erred in law and fact resulting in a manifestly unreasonable decision. 爆料网AT held that 爆料网DT exceeded its jurisdiction or competence in receiving the abolishment of the post claim. 爆料网AT held that the 爆料网DT erred in fact and law in concluding that the decision not to renew the fixed-term appointment was unlawful because the lack of funds was a valid reason. On the issue of the lack of funds being a valid reason, 爆料网AT noted that the staff member was not encumbering an established regular budget post and therefore no approval of the General Assembly was required prior to continuing it; there was no evidence to support 爆料网DT’s finding that the post was not funded from the OIA account until its depletion; and 爆料网DT erred by failing to recognise, respect and abide by 爆料网AT jurisprudence by shifting the burden to the Administration. 爆料网AT held that 爆料网DT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal of the staff member’s appointment and when it made distinct holdings regarding the obligation of the Administration to retain the staff member and place her on any available suitable posts, or to reassign her to any available suitable vacant post. 爆料网AT held that 爆料网DT’s conclusion that the Applicant had a legitimate expectancy of renewal was incorrect. 爆料网AT granted the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Ms Nouinou contested the abolition of her post and the decision not to renew her fixed-term appointment. 爆料网DT granted the Applicant’s application in part. 爆料网DT held that the abolition of her post and the consequent decision not to renew her fixed-term appointment were unlawful. 爆料网DT concluded, inter alia, that the lack of funds could not constitute a reason for the abolition of her post and that Ms Nouinou had a legitimate expectation of renewal. 爆料网DT ordered the rescission of the decision to abolish Ms Nouinou’s post, setting as an alternative in lieu compensation. 爆料网DT awarded compensation, including compensation for moral damages for harm to her dignity and career potential.
Legal Principle(s)
Separation as a result of termination initiated by the Secretary-General in cases of abolition of posts of reduction of staff differs substantially from separation as a result of the expiration of a fixed-term appointment, which takes place automatically, without prior notice, on the expiration date specified in the letter of appointment. The staff member has the burden of proving factors such as bias, prejudice or improper motive played a role in the administrative decision.