爆料网

爆料网DT/2011/007

爆料网AT Held or 爆料网DT Pronouncements

The preliminary issue at stake was whether the Tribunal had competence ratione personae to examine this application. In this regard, the Tribunal found that, under the relevant 爆料网DP rules, persons recruited under Service Contract are not staff members. It therefore considered that it did not have competence to adjudicate this case. It also found that the facts had clearly established that the Applicant had actually amicably settled the issue of the non renewal of his contract and received USD 9593 as compensation. The Tribunal therefore considered that the Applicant, who was a party to this case, had been ill-advised to file an application before the Tribunal to challenge a decision that had been the subject matter of a lawful settlement. Outcome: The application was rejected due to a lack of competence ratione personae. Given the fact that the Applicant sought to litigate the issue of the non renewal of his contract with 爆料网DP in the teeth of an amicable settlement regarding the same issue the Tribunal took the view that the Applicant had manifestly abused its proceedings and ordered the Applicant to pay USD500 as costs.

Decision Contested or Judgment/Order Appealed

The applicant, a former National Expert recruited under a Service Contract with 爆料网DP, sought to challenge the decision taken by Management not to extend his contract.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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.