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Whether the Applicant was promised a renewal The Applicant appears to argue that the Administration created an expectancy of renewal of his contract by referring to statements, allegedly made by various individuals of the Organization. The individuals concerned dispute the facts as presented by the Applicant and he has not adduced any written evidence regarding a firm commitment to renewal. In this respect, the Tribunal recalls that ¡°[i]n order for a staff member¡¯s claim of legitimate expectation of a renewal of appointment to be sustained, it must not be based on mere verbal assertion, but...

The Tribunal concluded that based on the record before it, there was no dispute that the decision to abolish the post the Applicant was occupying and, consequently, the decision not to extend his appointment originated from the restructuring approved in the 2016/17 budget for ±¬ÁÏÍøISFA by the General Assembly. The Tribunal further held that the Applicant failed to substantiate claims of discrimination against him. As such, the contested decision was taken in compliance with the relevant rules and regulations. Accordingly, the application was rejected.

Therefore, the facts resulting from this investigation were not established to a sufficient standard that would permit the Administration to later rely on them to act against the Applicant once he became a staff member. Accordingly, the Tribunal is not satisfied that Administration acted as a reasonable decision maker in deciding to terminate the Applicant¡¯s fixed-term appointment and finds the contested decision unlawful and decides to rescind it. The contested decision is rescinded. Under art. 10.5(a) of its Statute, the Respondent may elect to pay the Applicant compensation in lieu of the...

As a result of the Applicant's request for management evaluation, the contested decision was rescinded. Therefore, said decision no longer produces legal effects and the application is moot.

The Tribunal found that the Applicant had not satisfied his burden of proof to show through clear and convincing evidence that his separation was unfair and that the Administration did not violate any term of the Applicant¡¯s contract of employment. The Applicant challenged the fact that he was separated on ground of retrenchment before the General Assembly had approved the Budget to abolish his post. The record showed that this issue was already adjudicated upon in favour of the Applicant under Order No. 086 (NBI/2019). In accordance with the Tribunal¡¯s earlier final finding on the matter, it...

±¬ÁÏÍøDT held that since the Applicant was separated due to the expiration of her fixed-term appointment, her separation could not be considered a termination pursuant to staff rule 9.6(b). Therefore, the retainment criteria referred to in staff rule 9.6(e) was not applicable to the Applicant¡¯s case, and she was not entitled to a termination indemnity pursuant to staff regulation 9.3(c). ±¬ÁÏÍøDT held that the contested decision was lawful and that the Applicant was not entitled to the remedies requested. ±¬ÁÏÍøDT rejected the application in its entirety.

Whether the Applicant¡¯s performance was managed or evaluated in a fair and objective manner The Tribunal notes that the Applicant has adduced evidence of possible bias and lack of objectivity in the evaluation of his performance by the FRO and the SRO¡­ Even assuming that the FRO and the SRO evaluated the Applicant¡¯s performance in a fair and an objective manner, they certainly failed to ¡°proactively assist¡± the Applicant to remedy his performance shortcomings in accordance with section 10.1 of ST/AI/2010/5. Moreover, the undisputed interpersonal issues between the Applicant and his FRO have...

±¬ÁÏÍøDT denied the Applicant¡¯s motion in which he sought the disclosure of an extensive amount of additional documents, as it was filed after the end of the collection of evidence and after the submissions of closing statements. ±¬ÁÏÍøDT held that the contested non-renewal decision was unlawful because the provided reason for it, namely lack of funding, was not based on correct facts. It was therefore not necessary for ±¬ÁÏÍøDT to examine whether the decision was tainted by ulterior motives, as also argued by the Applicant. ±¬ÁÏÍøDT held that the most appropriate remedy for the Applicant would be rescission...

The Applicant¡¯s appointment rested with the Human Resources Section and not the DMS, the mere recommendation by the latter of extension of the contract did not constitute a firm commitment for the Organization under the applicable jurisprudence, nor did the extension of his ground pass, which is a mere organizational permission. Therefore, the Tribunal finds that the Applicant did not have a legitimate expectation of renewal of his fixed-term appointment. The Applicant¡¯s post was among those whose unique function was to be abolished in the affected unit and therefore, deemed to be a ¡°dry cut¡±...

Non-renewal of the Applicant¡¯s fixed-term appointment due to the lack of funding The proffered reason for the non-renewal is supported by evidence. The post encumbered by the Applicant was funded by funds received under service level agreements, and the Applicant¡¯s salary in 2016-19 were fully covered by a specific service level agreement, whose contributions were reduced to the extent that they were insufficient to cover the Applicant¡¯s salary. The Applicant questioned why other staff members were not affected by the reduction of funding, but none of the other staff members¡¯ salary was fully...