2021-惇蹋厙AT-1102

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT found no fault with the 惇蹋厙DT＊s reasoning that the letter of 24 November 2017 was unambiguous and unconditional about the separation of Ms Patkar upon the expiration of her appointment and agreed that the letter conveyed the final decision of the Administration not to renew her appointment. 惇蹋厙AT held that the letter produced a direct adverse consequence which was not contingent upon the possibility of Ms Patkar＊s selection for any other position. Nor did the relevant provision in the letter that the non-renewal decision would cease to be applicable if Ms Patkar should be selected for another position before 31 March 2018 detract from such a finality. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The decision to not renew Ms Patkar＊s fixed-term appointment

Legal Principle(s)

An appealable administrative decision is a decision whereby its key characteristic is the capacity to produce direct legal consequences affecting a staff member＊s terms and conditions of appointment. Further, the date of an administrative decision is based on objective elements that both the Administration and staff members can accurately determine.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Appeal dismissed and Judgment No. 惇蹋厙DT/2020/105 affirmed.

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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.

Applicants/Appellants

Archana Patkar

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement