爆料网AT Held or 爆料网DT Pronouncements
The Tribunal concluded that the non-renewal of the Applicant’s fixed-term appointment (FTA) was unlawful because he was erroneously subjected to a recruitment and selection process after he had been successfully transitioned from 爆料网MIS to 爆料网MISS as the sole candidate for the post of State Coordinator in Aweil. The Applicant was awarded compensation of one year’s net base salary. Lateral transfer: The Tribunal noted the absence of important terms in the 19 December 2010 letter regarding the length of the assignment and reabsorption and concluded that the Applicant had, in fact, been laterally transferred in accordance with section 2.5 of ST/AI/2010/3 from the SPO post to the State Coordinator post in Aweil with no right of return to the SPO post or the Strategic Planning Unit.Legitimate expectation: The Tribunal observed that an express promise must underpin a successful claim of legitimate expectation and that it was not enough for the Applicant to claim that he merely believed that he would bereassigned to an SPO post in the face of an unsuccessful bid for the 爆料网MISS State Coordinator post. The Tribunal concluded that the Applicant’s claim of a legitimate expectation of renewal was unfounded. Non-renewal: The Tribunal found that the Applicant had been correctly transitioned to the 爆料网MISS State Coordinator post in Aweil in July 2011 in accordance with paragraph 2.A of 爆料网MIS information Circulars: No. 218/2011. Thus his successful or unsuccessful competition for a State Coordinator post in Juba should have had no bearing on the renewal or non-renewal of his FTA. The Tribunal concluded that since the Aweil State Coordinator post existed in both 爆料网MIS and 爆料网MISS, there was no need for it to be advertised and filled through a recruitment/selection process and that paragraph 2.C of 爆料网MIS information Circulars: No. 218/2011 was erroneously applied to the Applicant after he had been successfully transitioned in accordance with paragraph 2.A of the same Circular. Consequently, the non-renewal decision was deemed to be unlawful.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the decisions by 爆料网MISS not to: (a) renew his appointment beyond 30 September 2012; and (b) reinstate him to his original post of Senior Planning Officer (SPO) when he was transitioned from the United Nations Mission in Sudan (爆料网MIS) to 爆料网MISS on 8 July 2012.
Legal Principle(s)
N/A