爆料网

Non-renewal

  • Arbitrary or improper motive
  • Burden of proof
  • No expectancy of renewal
  • Reason(s)
    • Showing 141 - 150 of 402
    2020-爆料网AT-1022, El Shanti

    爆料网AT considered two appeals (consolidated) by Mr ElShanti of judgment No. 爆料网RWA/DT/2019/051 and judgment No. 爆料网RWA/DT/2019/065 respectively. On the consolidation of the cases, 爆料网AT held that 爆料网RWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party’s right to produce evidence. Accordingly, 爆料网AT rejected Mr ElShanti’s arguments against consolidation. 爆料网AT held that there was no merit to Mr ElShanti’s claims that the characterization of the impugned administrative decision was incorrect, noting that 爆料网RWA...

    2020-爆料网AT-1021, Collins

    爆料网DT did not err in law or in fact when it found that the decision to abolish the post was lawful. However, in not providing reasons for its decision to commute the six-month notice period into compensation, the Organisation failed in its duty to demonstrate that its discretion was not exercised arbitrarily, capriciously, or unlawfully. The Administration failed to meet its burden to minimally demonstrate that the Appellant was given full and fair consideration. The Administration acted arbitrarily and thus failed to exercise its discretion lawfully. The termination of the Appellant’s...

    2020-爆料网AT-1018, Abu Ouda et al

    爆料网AT held that 爆料网RWA DT exercised its discretion lawfully to consolidate the cases. 爆料网AT held that the impugned decisions were taken in good faith and on a reasonable basis. 爆料网AT held that there was a bona fide reason to restructure and that it was operationally rational not to renew the Limited Duration Contracts at the time. 爆料网AT held that the Appellants' argument with regard to their acquired rights being violated was without merit. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2020-爆料网AT-1015, Handy

    爆料网AT held that there was no express rescission of the impugned decision by the Administration. 爆料网AT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. 爆料网AT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. 爆料网AT held that 爆料网DT erred in its decision, resulting in a manifestly unreasonable decision. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the matter to 爆料网DT for proper...

    2020-爆料网AT-1017, Salhi et al

    As a preliminary matter, 爆料网AT held that 爆料网RWA DT exercised its discretion in consolidating the cases lawfully and appropriately. 爆料网AT held the impugned decision was taken in good faith and on a reasonable basis. 爆料网AT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. 爆料网AT held that the Appellants’ claim that their acquired rights were violated was without merit. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

    2020-爆料网AT-1016, Abu Ata et al

    爆料网AT held that 爆料网RWA DT exercised its discretion to consolidate the cases lawfully and appropriately. 爆料网AT held that there was a bona fide reason to restructure and that it was operationally rational to abolish the posts and reclassify them from full-time to part-time posts at that time. 爆料网AT held that the Appellants’ contention that their acquired rights were violated had no merit. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

    2020-爆料网AT-1000, Ross

    爆料网AT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and “Comments on the Respondent’s comments”, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the 爆料网HCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and “Comments on the Respondent’s comments”, 爆料网AT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...

    2020-爆料网AT-981, Nouinou

    As a first preliminary matter, 爆料网AT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. 爆料网AT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant’s own motions and 爆料网AT would not have asked her to disclose such information. 爆料网AT denied the motion. As a second preliminary matter, 爆料网AT considered a motion to respond to the Respondent’s observations on a motion. 爆料网AT held that its RoP did...

    2021-爆料网AT-1166, Boubacar Dieng

    爆料网AT first agreed with the 爆料网DT that the abolition of post was not a reviewable administrative decision. Second, 爆料网AT ruled there was no evidence of improper motives regarding the non-renewal of the staff member’s appointment. The staff member’s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a “dry cut.” A “dry cut” happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...