爆料网

Non-renewal

  • Arbitrary or improper motive
  • Burden of proof
  • No expectancy of renewal
  • Reason(s)
    • Showing 61 - 70 of 402
    2010-爆料网AT-041, Balestrieri

    爆料网AT held that her appointment was terminated due to a lack of funding; several of her colleagues also had their fixed-term appointments terminated for the same reason at the same time. 爆料网AT held that the fact that the Appellant may have complained about her working conditions or cooperated in any subsequent preliminary investigation into possible harassment, did not on its face exposes her to the termination. 爆料网AT held that there was no reversible error on part of 爆料网DT. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2011-爆料网AT-184, Jennings

    爆料网AT noted that there was no evidence to support the Appellant’s allegations that the statements of her witnesses were used in their entirety by 爆料网DT and, even assuming that the 爆料网DT had been in breach of its rules of procedure by making those statements, 爆料网AT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. 爆料网AT held that the Appellant’s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that 爆料网DT...

    2011-爆料网AT-181, Alauddin

    爆料网AT held that the Appellant failed to establish that the 爆料网DP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, 爆料网AT held that it was new evidence, for which leave was required, in order to adduce it before 爆料网AT. 爆料网AT did not find any exceptional circumstances existed to require it to consider the new evidence. 爆料网AT held that 爆料网DT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

    2011-爆料网AT-178, Hepworth

    爆料网AT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. 爆料网AT held that the appeal was receivable because 爆料网DT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. 爆料网AT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...

    2011-爆料网AT-176, Dzintars

    Although the Administration failed to take into account the Applicant’s upgraded performance appraisal, 爆料网AT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. 爆料网AT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the 爆料网AT Statute. 爆料网AT allowed the appeal in part, modifying the 爆料网DT...

    2011-爆料网AT-138, Abdalla

    爆料网AT held that, in order for the Appellant’s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and 爆料网AT held that it found no reason to reverse the finding of 爆料网DT that there was no evidence of such a commitment. 爆料网AT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. 爆料网AT held that the need for translator services at 爆料网AMI could...

    2011-爆料网AT-134, Larkin

    爆料网AT considered appeals against 爆料网DT judgment Nos. 爆料网DT/2010/108 and 爆料网DT/2010/109 jointly. 爆料网AT held that 爆料网DT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. 爆料网AT held that the Appellant did not demonstrate that the 爆料网DT’s finding of fact was not supported by the evidence or that it was unreasonable. 爆料网AT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

    2011-爆料网AT-132, Frechon

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the 爆料网DT’s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to 爆料网DT having stepped into the shoes of the 爆料网 Medical Director. 爆料网AT held that there were no grounds to disagree with the finding of 爆料网DT that Ms Frechon’s contract was, in fact, terminated for medical reasons. 爆料网AT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. 爆料网AT held that 爆料网DT was correct in rescinding the decision to...

    2011-爆料网AT-124, Appellant

    爆料网AT held that the Appellant had failed to show how 爆料网DT exceeded its jurisdiction or competence or failed to exercise its jurisdiction. 爆料网AT held that the Appellant had not identified an error on a question of law. 爆料网AT held that it had no reason to disagree with 爆料网DT’s holding that no institutional prejudice, or retaliation, played a part in the non-renewal of the Appellant’s contract. 爆料网AT noted that the decision to take the Appellant’s portfolio away from him had been taken before he had made any report of wrongdoing. 爆料网AT noted that the Appellant’s non-selection for the 11 posts involved...

    2011-爆料网AT-119, Koumoin

    爆料网AT held that, except for the Appellant’s own assertion, it found no evidence to show that he was a genuine whistle-blower. 爆料网AT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. 爆料网AT held that the non-renewal of the Appellant’s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. 爆料网AT...