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The ±¬ÁÏÍøAT held that the former staff member did not request an oral hearing during proceedings before the ±¬ÁÏÍøDT and thus cannot be allowed to do so on appeal. The ±¬ÁÏÍøDT as the trier of fact cannot be bypassed.

The ±¬ÁÏÍøAT found no error in the ±¬ÁÏÍøDT¡¯s finding that the former staff member¡¯s post-separation grievances were beyond its scope of adjudication and not receivable because there was no prior and timely request for management evaluation. The sanction for non-compliance with this mandatory internal procedure is the non-receivability of the application challenging the contested decision.

The...

The ±¬ÁÏÍøAT noted that the Mobility AI was not a decision of ¡°individual application¡± but a general instruction applicable to all staff members who entered on duty on or after 1 October 2023, as Ms. Stepanova did.

Ms. Stepanova was attempting to modify the terms of appointment or the contract of employment, by exempting herself from the application of the Mobility AI and she was therefore not challenging ¡°non-compliance¡± with ¡°the terms of appointment or the contract of employment¡±, which is what is required under Article 2(1) of the ±¬ÁÏÍøDT Statute. Accordingly, the ±¬ÁÏÍøAT held that her claim was...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err when it relied on ST/AI/20100/4/Rev.1 (Administration of Temporary Appointments) in finding that the staff member¡¯s performance evaluation was made in accordance with the procedural requirements in that Administrative Instruction. ST/AI/2021/4 (Performance Management and Development System) does not apply to Mr. Fagasinski¡¯s performance evaluation, because the aforementioned Instruction explicitly states that it does not apply to temporary appointments.

The ±¬ÁÏÍøAT found that the purpose of the performance evaluation was not to reexamine whether Mr...

The ±¬ÁÏÍøAT held that the Administration¡¯s restructuring of the finance function was a genuine exercise and a proper use of the Administration¡¯s discretion in responding to evolving needs. The ±¬ÁÏÍøAT did not agree that the Administration acted unfairly or unjustly in abolishing the former staff member¡¯s post. The ±¬ÁÏÍøAT further held that consultation with the former staff member was not required prior to the abolition of her post.

The ±¬ÁÏÍøAT found that the former staff member¡¯s dissatisfaction with the ±¬ÁÏÍøDT¡¯s assessment of the evidence of workplace issues between her and her supervisor does not...

The ±¬ÁÏÍøAT held that the contested decision was a separation decision hinged on expiration of an appointment, and not a termination decision based on abolition of post or reduction of staff. The former staff member did not fall within the category of staff with the right to be considered on a preferential basis for retention and the Administration did not have an obligation to find him an alternative and suitable position following the abolition or reclassification exercise.

The ±¬ÁÏÍøAT observed that although the former staff member was informed in his non-renewal letter that he would be placed on...

The Respondent argued that the discontinuation of the Applicant¡¯s position was distinct from the non-renewal of his position. The Tribunal rejected this argument. The Tribunal found that the decision-maker linked the discontinuation of the Applicant's post with the non-renewal. The Tribunal held that the discontinuation and non-renewal were inextricably interrelated and therefore the application was receivable. The Respondent¡¯s argument that the claim was not receivable ratione temporis was rejected.

The Respondent¡¯s distinction, while perhaps academically correct, would make receivability no...

When closely perusing the application, it clearly followed from the facts set out by the Applicant that the only administrative decision under appeal pursuant to art. 2.1(a) of the Statute of the Dispute Tribunal is the ¡°non-renewal of [his] contract beyond 31 December 2023 due to lack of funds¡±. Accordingly, the issue under review in the present case can therefore be defined as the legality of this decision.

It explicitly followed from the contested decision that the non-renewal of the Applicant¡¯s fixed-term appointment was ¡°due to lack of funds¡±. The Appeals Tribunal has in various cases held...

The ±¬ÁÏÍøAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the ±¬ÁÏÍøAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The ±¬ÁÏÍøAT further held that these actions should be viewed in light of the continuous efforts...

As a preliminary matter, the Appeals Tribunal dismissed the Appellants' requests for an oral hearing on grounds that an oral hearing would not be expeditious and that in light of comprehensive written submissions nothing would be gained from hearing the Appellants¡¯ counsel in person.

The Appeals Tribunal found that in the absence of an express promise of renewal of the Appellants¡¯ fixed-term appointments, the Appellants did not have a legitimate expectation of renewal of their fixed-term contracts. The statements giving assurances to ±¬ÁÏÍøOPS staff members were not made by a ±¬ÁÏÍøOPS official with...

General verbal statements, which the Applicant asserts were made by his Fist Reporting Officer during team meetings, cannot constitute an express promise to renew his TA. More importantly, such verbal statements lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. Furthermore, the Tribunal found that no official commitment was made to the Applicant in writing to substantiate an expectation of renewal of his TA.

The Tribunal found that performance management procedures governed by ST/AI/2010/5 and...