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±¬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.

The Applicant did not actively or diligently pursue his case because: he failed to give instructions to his Counsel in respect to his challenge against the non-renewal of his fixed-term appointment; he had been informed about the Status Conference by his Counsel and had failed to make an appearance or to contact the Tribunal to give reasons for his absence; his Counsel had advised that as far as she was concerned, the substantive matter in the application had been resolved; and from the documents tendered by the Respondent, the Tribunal was convinced that the substantive matter in the...

The Applicant addressed a letter dated 29 May 2009 to the Secretary-General requesting him to ¡°reverse that decision¡± but no mention was made of the non-renewal of the Applicant¡¯s contract because it was only on 30 June 2009 that the Applicant was informed that his contract would not be renewed beyond 30 September 2009. The Applicant sought to establish that he had in fact requested a review of the decision and referred to an email he had sent to the Registrar of the ICTR in which he informed him that he was contesting the decision not to renew his contract. That email was dated 27 April 2009...

Unlawfulness: There has to be evidence to establish that, at the very least, it is probable that the non-renewal decision of itself was unlawful. Irreparable harm: Harm is irreparable if it can be shown that suspension of the action is the only way to ensure that the applicant¡¯s rights are observed. Although the applicant has expectation of fair treatment, any breach of due process in this case is capable of being compensated financially or by correction of the performance record. Should he be ultimately vindicated, he can get compensation for any losses arising out of defects in the...

±¬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...

The Applicant filed a motion for interim measures requesting that the Tribunal order the Ethics Office to deliver recommendations on his case with respect to whistle-blowing retaliation; and to find a prima-facie violation of the Applicant¡¯s due-process rights concerning the non-renewal of his fixed-term contract with ±¬ÁÏÍøDP. The Tribunal rejected the motion to order the Ethics Office to deliver its recommendations and decided that the alleged violation of the Applicant¡¯s due process rights concerning the non-renewal of his fixed-term contract would be addressed during the review of the...

±¬ÁÏÍøDT noted that it was established that ±¬ÁÏÍøAMI decided not to renew the Applicant¡¯s appointment on the grounds of poor performance, while the appraisal performance procedure for the concerned staff member, at least for 2008/2009, had not been regularly completed. ±¬ÁÏÍøDT found that, in light of the case file, the decision under review appeared as prima facie illegal. ±¬ÁÏÍøDT found that the urgency for the Judge to rule on the Applicant¡¯s request was established since the implementation of the contested decision would result in the Applicant being excluded from the ±¬ÁÏÍø staff as of 18 August 2009. ±¬ÁÏÍøDT...

Prima facie unlawfulness: There is positive evidence from the applicant as to what her supervisor stated and some evidence suggesting ill will on the part of her supervisor. The low test of reasonable arguability is satisfied and accordingly, the prerequisite of prima facie unlawfulness is present. Urgency: The applicant provided reasonable explanations for the delay in contesting the decision and the contract was to expire the day of the hearing; therefore, the urgency requirement is satisfied. Irreparable damage: Mere economic loss can never be irreparable since, if the applicant succeeds in...

Receivability of the decision not to renew the appointment: In this case, the triggering point should have been the moment when the staff member was made aware by the Administration that there was no reasonable chance or possibility of renewal. Thus, it is the date when the applicant was notified of the termination of her contract; therefore, the application is receivable. Articles 13 and 14 of the Rules of Procedure: Since there is an ongoing management evaluation of the decision not to renew the applicant¡¯s appointment, the applicable interim measure to be ordered would be that under article...

±¬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...