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±¬ÁÏÍøAT first noted that neither party disagreed with the ±¬ÁÏÍøDT Judgment that the contested decision was unlawful. Regarding the Secretary-General¡¯s appeal that an award in moral damages was not warranted, ±¬ÁÏÍøAT disagreed with the Administration and found that the ±¬ÁÏÍøDT was correct when it considered the medical certificate dated in March 2020, which gave a history of the staff member¡¯s health in 2015 (a year before the contested decision). ±¬ÁÏÍøAT found it credible that the staff member suffered from a pattern of harassment, which began before the time of the contested decision (June 2016). As such, a...

±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT and found that the administrative decision could not be regarded as a ¡°disguised termination¡±. ±¬ÁÏÍøAT held that the staff member was not separated from service on 29 May 2019, and he in fact continued to retain his full position, rights, and entitlements of a staff member until the expiry of his FTA on 30 June 2019.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly found that the non-extension of Mr Houenou¡¯s temporary appointment was a proper exercise of discretion in light of the mission¡¯s budgetary situation.

±¬ÁÏÍøDT held that the application was receivable ratione temporis and ratione materiae. ±¬ÁÏÍøDT held that it could not be stated that the decision of nonrenewal was an improper exercise of discretion. ±¬ÁÏÍøDT held that the evidence showed that the Applicant¡¯s appointment was not renewed because there was no further funding available. ±¬ÁÏÍøDT held that there was no evidence to support the Applicant¡¯s contention that the decision to extend her contract in January 2008 using Joint Integrated Technical Assistance Programme funds, while she was working on other projects, was done in order to prepare the ground...

±¬ÁÏÍøDT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. ±¬ÁÏÍøDT held that the contested decision in the present case did not appear to be prima facie unlawful. ±¬ÁÏÍøDT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. ±¬ÁÏÍøDT also held that the decision of non-renewal was not an improper exercise of discretion. ±¬ÁÏÍøDT held that there was no evidence that the non-renewal...

The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...

The Tribunal is satisfied by the evidence tendered before it in respect of the Applicant¡¯s chronic absences. The Tribunal is not convinced that the reasons proffered by the Applicant to explain his unauthorized absences were beyond his control. The Tribunal considers that the Applicant was given ample opportunity to address this performance shortcoming. The Tribunal is satisfied, in consideration of the requirements of section 8.3 of ST/AI/2002/3, that the ICTR Administration had taken steps to rectify the situation in respect of the Applicant¡¯s chronic absenteeism.

The early termination of his contract was not based on a proper or lawful evaluation of the Applicant¡¯s performance. In the absence of a comprehensive and fair performance evaluation done at the time, the reasons given by the Respondent cannot be regarded as cogent or reliable because the Applicant did not have an opportunity to refute, answer or rebut them. They therefore represent just one side of the story and, however strongly felt by the Respondent, are not a reliable basis for a lawful termination of the contract before its expiry date. This is not a question of improper motivation...

Whether the decision was prejudiced, arbitrary and based on abuse of authority and improper motives: Apart from one letter in which he complained bitterly about the leadership of the CMS, the Applicant did not lead any evidence to substantiate this claim. Therefore, the Tribunal found this claim to be without merit Whether the Applicant had a legal expectancy/legitimate expectation of renewal: Pursuant to ST/AI/404, mission detail, as any other assignment in the Organization, is at the discretion of the Secretary-General. The Tribunal found that the actions of the Respondent were not of such a...

The applicant did not have a legitimate expectancy of renewal. No express promise by the Administration could be found. Had there been one, the letters of appointment signed by the applicant explicitly state that fixed-term appointments do not carry any expectancy of renewal. No promise could override the clear words of the letters of appointment signed subsequently. It cannot be stated that the non-renewal decision was based on improper motives or otherwise constituted an abuse of discretion. The Organization was not bound to give any justification for not extending the applicant¡¯s fixed-term...