爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT correctly concluded that Mr Russo-Got’s application against the abolition of his post was not receivable, as he had failed to make a request for management evaluation within time. 爆料网AT held that 爆料网DT also correctly dismissed his application against the non-renewal of his FTA because he had received notice of the date of the non-renewal, there was no express promise to renew, and 爆料网OPS was not obliged to find him an alternative post.
Decision Contested or Judgment/Order Appealed
The decisions to abolish Mr Russo-Got’s post and to not renew his fixed-term appointment.
Legal Principle(s)
Evidential factors compensate for the apparent lack of any formal meeting record and favour the Administration’s case in terms of notification of abolition of Mr Russo-Got’s post on 25 October 2018. The Organization is accorded a broad discretion to reorganize its operations. 爆料网AT will not interfere in such genuine restructuring, which may result in losses of employment by staff. The Administration is obliged to act fairly, justly, and transparently and without bias, prejudice, or improper motives. Even successive FTA renewals do not give grounds for a legitimate expectation of further renewal. There is no obligation for 爆料网OPS to find a staff member on FTA such as Mr Russo-Got an alternative post.
Outcome
Outcome Extra Text
Appeals dismissed and judgment Nos. 爆料网DT/2020/072 and 爆料网DT/2020/088 affirmed.