爆料网AT Held or 爆料网DT Pronouncements
爆料网AT rejected the Appellant’s unsubstantiated allegations of bias and conflict of interest against the judge who signed the impugned judgment. 爆料网AT considered that: (1) the Appellant did not provide any evidence of his suitability for conversion to a continuing appointment; (2) his appeal was based solely on the impossibility of the retroactive extension of his fixed-term appointments; and (3) he had been made aware that his fixed-term appointment would be extended pending the appropriate assessment of his performance under the rebuttal process. Accordingly, 爆料网AT held that the 爆料网DT was correct in its finding that there was no basis for the conversion of his fixed-term appointment into a continuing appointment. 爆料网AT held that the procedural irregularities, particularly the retroactive extension of the Appellant’s fixed-term appointment, were immaterial and inconsequential to his appointment. 爆料网AT found no merit in the Appellant’s claim that 爆料网DT did not grant him an opportunity to provide evidence of moral damages. 爆料网AT held that the 爆料网DT’s delay in issuing its judgment did not entitle the Appellant to moral damages and that this was beyond the scope of his initial application, noting that the delay did not stem from any act of the Secretary-General or of the Appellant’s superiors. 爆料网AT held that the Appellant’s other claims and issues raised as possible grounds for moral compensation were not within the scope of his application. 爆料网AT held that rescission of a decision by the Administration was not a proper basis for moral damage because it was favourable to the Appellant’s immediate interests. 爆料网AT found that to award compensation for moral damage based on rescission could be perceived as a possible deterrent to future rescissions by the Administration and possibly a threat to the regular functioning of the informal dispute resolution system. 爆料网AT held that the circumstances of the case did not qualify 爆料网DT to invoke its statutory jurisdiction to award compensation for moral injury. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the decision to extend his fixed-term appointment in increments pending the rebuttal process of his performance appraisal and requested 爆料网DT to confirm the conversion of his appointment to a continuing appointment. 爆料网DT dismissed the application regarding extensions as not receivable as the Applicant had failed to make a timely request for management evaluation. 爆料网DT dismissed the claim for a continuing appointment as the Appellant had no basis to presume that his appointment would be so converted.
Legal Principle(s)
Only substantial procedural irregularities can render an administrative decision unlawful.