爆料网

No expectancy of renewal

  • Arbitrary or improper motive
  • Burden of proof
  • No expectancy of renewal
  • Reason(s)
    • Showing 41 - 50 of 89
    2016-爆料网AT-665, Hamdan

    爆料网AT considered whether 爆料网RWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant’s application was flawed by procedural irregularities. 爆料网AT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before 爆料网RWA DT. The Appellant’s decision to sign the contract was binding on him as there was no evidence of duress. 爆料网AT dismissed the appeal and affirmed 爆料网RWA DT’s judgment.

    2016-爆料网AT-659, Liu

    爆料网AT held that 爆料网DT had properly reviewed the contested decision in accordance with the applicable law. 爆料网AT held that there was no error in 爆料网DT’s conclusion that the Appellant’s G-6 post, funded through government contributions, no longer exist on the 1st of August 2013, the day after the expiration of her appointment. 爆料网AT held that the reason provided for the non-extension of appointment was supported by the evidence. 爆料网AT agreed with 爆料网DT’s finding that there was no evidence provided to support the allegation that the contested decision was ill-motivated. 爆料网AT dismissed the appeal the...

    2017-爆料网AT-780, Muwambi

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT’s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. 爆料网AT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi’s...

    2018-爆料网AT-875, Kellie

    爆料网AT considered the Appellant’s appeal. 爆料网AT considered the criteria set out in Article 2 of the 爆料网AT Statute to determine whether any alleged errors of law and fact resulted in a manifestly unreasonable decision. 爆料网AT found that there was no evidence that the decision to abolish the post encumbered by the Appellant was unlawful. 爆料网AT also found that 爆料网RWA DT’s decision was correctly based on the applicable law and available evidence. To that end, 爆料网AT held that the Appellant failed to establish that the 爆料网RWA DT committed any error, whether of law, fact, or procedure. 爆料网AT further noted that...

    2018-爆料网AT-866, Gnassou

    爆料网AT considered whether 爆料网DT erred in concluding that the decision not to renew the Appellant’s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. 爆料网AT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. 爆料网AT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...

    2018-爆料网AT-849, Kule Kongba

    爆料网AT held that the lack of the nationality requirement on the Appellant’s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, 爆料网AT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

    2018-爆料网AT-844, Loeber

    With respect to the Appellant’s first claim, 爆料网AT agreed with 爆料网DT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, 爆料网AT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. 爆料网AT agreed with 爆料网DT in that the decision to abolish Appellant’s post was not receivable ratione materiae. 爆料网AT...

    2019-爆料网AT-960, Abdeljalil

    爆料网AT held that the Appellant’s case was fully and fairly considered by 爆料网RWA DT. 爆料网AT found no error of law in 爆料网RWA DT’s decision. 爆料网AT held that 爆料网RWA DT properly reviewed the contested decision in accordance with the applicable law. 爆料网AT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. 爆料网AT held that, by applying objective criteria in the reduction of the staffing levels, 爆料网RWA adhered to the principles of equality...

    2019-爆料网AT-902, Nouinou

    The Secretary-General appealed 爆料网DT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. 爆料网AT held that 爆料网DT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. 爆料网AT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and...