爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. 爆料网AT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. 爆料网AT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the 爆料网DT judgment. 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 decision not to renew her fixed-term appointment and the decision not to grant her a continuing appointment. Following an application to 爆料网DT and an appeal to 爆料网AT, the matter was remanded to 爆料网DT for consideration on the merits. 爆料网DT found that the application was not receivable as the Applicant had failed to request management evaluation and was not in active service for the required period. 爆料网DT found that the non-renewal was based on a bona fide restructuring, the comparative review was not due to any discrimination, all staff affected by the retrenchment had been similarly treated, the Secretary-General provided an adequate explanation to rebut any inference of discrimination of favoritism towards four staff members who were reassigned, and the Applicant failed to produce any evidence in support of her allegations of discrimination. 爆料网DT dismissed the application.
Legal Principle(s)
The Administration has broad discretion to reorganise its operations and department to adapt to economic vagaries and challenges; in doing so, it has a duty to act fairly, justly, and transparently throughout the restructuring process.