爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct in its finding that the decision to terminate the Appellant’s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. 爆料网AT held that it was not necessary for it to deal with the issue of whether 爆料网DT erred in its finding that the Administration failed to comply with its obligation of retention. 爆料网AT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General’s argument that 爆料网DT had erred in finding Mr Nugroho was given adequate notice of his termination, 爆料网AT held that this was only a corroborating or subsidiary argument used by 爆料网DT which had little or no relevance for determination of the case. 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 to terminate his continuing appointment. 爆料网DT found that the contested decision was not supported by facts and was unjustified and unlawful. 爆料网DT found that the Secretary-General had provided no evidence in support of the claims that funds would not be sufficient to cover both meeting and staff costs at the time, or that Member States had decided to prioritize meetings over staff costs. 爆料网DT also found the termination decision to be unlawful for failure to comply with the Staff Rules which required the Organisation to make all reasonable efforts to retain the Applicant’s service as a holder of a continuing appointment. 爆料网DT ordered rescission of the termination decision or two years’ net base salary in lieu of rescission.
Legal Principle(s)
The duty to give reasons for a decision is essential for the Tribunals to exercise their judicial review of administrative decisions, assessing whether they were arbitrary, capricious, or unlawful. When a justification is given by the Administration for the exercise of its discretion, it must be supported by the facts.