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In accordance with former staff rule 104.12(b)(i) and provisional staff rule 4.13(c), the Applicant cannot claim a right to the renewal of her fixed-term appointment. The Applicant claims that the difficult working relationship she had with her supervisor led the latter, with the objective of getting rid of the former, to seek the reclassification of her post at a higher level. However, the Applicant does not prove that the non-extension of her appointment results solely from the desire of her supervisor to remove her from the service, nor that, consequently, the contested decision appears...

In the present case, the Applicant, who was advised by OSLA that his case lacked legal merit and who nevertheless could be represented by a counsel of his choice before the Tribunal, cannot claim that his due process rights were violated. The Tribunal reiterates that a fixed-term appointment carries no expectancy of renewal. However, the Judge must examine whether the Administration¡¯s actions may have created a legitimate expectation of renewal and whether the decision not to renew the appointment was motivated by extraneous factors. In the present case, the decision not to renew the Applicant...

There was no basis for inferring the non-renewal was due to irrelevant or improper considerations. Both the applicant and the DCD believed they were telling the truth; their different perspectives simply led them to a different understanding of what had been said. Outcome: The appeal dismissed.

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...

Compensation: The elements of Applicant¡¯s compensation were: applicable salary, plus post adjustment, less staff assessment, less pension contribution made by Applicant, less amounts paid to Applicant on separation, less mitigation damages earned by Applicant, plus accrued vacation, plus personal distress award of USD4,000, plus e-PAS violation of USD6,000. Pension: Since, based on the facts from Beaudry ±¬ÁÏÍøDT/2010/039, it was unlikely that the Applicant would have had her contract renewed until her retirement, the Applicant would not have qualified for any retirement benefits, including...

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 application was withdrawn by the Applicant.

The Tribunal takes note that the Applicant has failed to file his application within the deadline given to him in the Tribunal¡¯s Order of 22 January 2010 and even beyond. It also notes that the Applicant has not provided any reasonable explanation as to why he did not comply with the Order of the Tribunal. By his behaviour and attitude the Applicant has displayed a singular blatant ignorance of a court order. His conduct is one of contempt of the Tribunal. This attitude does not befit persons who like the Applicant come to seek justice and a vindication of their rights before the Tribunal.

In accordance with article 18, paragraph 2, of its rules of procedure, the Tribunal may order the production of evidence for either party and the parties have to provide such evidence, even though they consider it to be confidential. According to article 18, paragraph 4, of its rules of procedure, it falls upon the Tribunal to assess the confidentiality of the evidence and, if it finds the evidence to be confidential, it is the Tribunal¡¯s responsibility to ensure that measures are taken to preserve such confidentiality. In the instant case, the Tribunal did not use the confidential documents...

At the time the Applicant submitted his application to the Tribunal, the Administration had already reviewed its initial decision to grant the Applicant a three-month extension and extended him for an additional nine-month period. The Tribunal determined that since the contested decision was de facto rescinded by the Administration before the application was filed with the Tribunal, the application is not receivable. Had the Administration rescinded its decision after the filing of the application, the application would have become moot during the proceedings and the Tribunal would have...