爆料网AT Held or 爆料网DT Pronouncements
The Secretary-General appealed the 爆料网DT judgment as it related to the non-renewal decision only. 爆料网AT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. 爆料网AT found nothing objectionable with the 爆料网DT’s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. 爆料网AT held that 爆料网DT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the 爆料网 body which had engaged Ms Loose at the time of the separation was still sufficiently grave to justify the non-renewal. 爆料网AT held that 爆料网DT did not err in its decision that the Appellant had a reasonable and legitimate expectation that her appointment would be extended or renewed. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested three decisions: the decision not to renew her fixed-term appointment; her non-selection for another position; and the decision not to grant her special leave without pay. 爆料网DT found that the Secretary-General failed to justify in law the non-renewal and that the Applicant’s separation was therefore unlawful. 爆料网DT ordered rescission of the decision or payment in lieu.
Legal Principle(s)
A fixed-term appointment carries no expectancy, legal or otherwise, of renewal or conversion, irrespective of the length of service. The onus or burden of proof in establishing error lies initially with the staff member to establish a sufficient or apparent case of the adequacy of resources to support renewal or extension or other relevant grounds for not discontinuing employment; however, when the initial onus to establish the grounds for not discontinuing employment has been discharged by the staff member, the onus of justifying in law the decision not to renew, where that is justiciable, moves to the Administration.