爆料网

2020-爆料网AT-1015

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT held that there was no express rescission of the impugned decision by the Administration. 爆料网AT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. 爆料网AT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. 爆料网AT held that 爆料网DT erred in its decision, resulting in a manifestly unreasonable decision. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the matter to 爆料网DT for proper determination.

Decision Contested or Judgment/Order Appealed

bicThe staff member contested the Administration’s decision not to renew his fixed-term appointment. However, before the management evaluation could be completed, the staff member’s appointment was renewed on a month-to-month basis. 爆料网DT determined that the staff member’s application was moot because the subsequent monthly renewals effectively rescinded and superseded the impugned decision.

Legal Principle(s)

In order to conduct a judicial review, there is an obligation on the Secretary-General to provide reasons for an administrative decision.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.