爆料网

Non-renewal

  • Arbitrary or improper motive
  • Burden of proof
  • No expectancy of renewal
  • Reason(s)
    • Showing 71 - 80 of 402
    2011-爆料网AT-115, Islam

    爆料网AT noted that the reason given for the non-renewal of the Appellant’s contract was a restructuring and that the Appellant conceded that the restructuring was properly done. 爆料网AT agreed with 爆料网DT that the opinion expressed by the Appellant’s Chief, that his performance deficiencies and shortcomings could justify the non-renewal of his contract, was immaterial. 爆料网AT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2012-爆料网AT-261, Badawi

    爆料网AT addressed the staff member’s appeal seeking reversal of the 爆料网RWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. 爆料网AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 爆料网AT held that the Appellant’s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. 爆料网AT held that 爆料网RWA DT was correct in finding that the Agency’s extension of the Appellant’s...

    2012-爆料网AT-253, Gehr

    爆料网AT held that 爆料网DT had not erred in concluding that the Administration’s decision, to take into consideration in the context of the Appellant’s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration’s subsequent change of approach. 爆料网AT held that 爆料网DT had correctly determined that the Appellant’s claims in this regard had become moot. 爆料网AT held that, in rendering the Appellant’s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, 爆料网DT had failed to give sufficient weight to a central...

    2012-爆料网AT-250, Rantsiou

    爆料网AT rejected the Appellant’s request to have all appeal-related documents removed from her 爆料网RWA official service file. 爆料网AT held that 爆料网RWA DT did not err in finding no irregularity in the decision-making process under judicial review and consequently dismissing the application. 爆料网AT held that the Appellant had to persuade it that there were flaws in the contested administrative decision not to renew her fixed-term appointment, the proceedings that led to it, or in the 爆料网RWA DT’s judgment, which would warrant vacating the judgment. 爆料网AT held that the Appellant had not raised new arguments...

    2012-爆料网AT-216, Schook

    爆料网AT noted that 爆料网DT’s review of the factual situation by necessity involved consideration of issues beyond the mere fact of the non-renewal of the Appellant’s contract and, thus, found no merit in the Appellant’s submission that 爆料网DT’s deliberations on the issue of non-renewal took place in isolation of the facts surrounding the decision. With respect to the Appellant’s contention that 爆料网DT failed to account for the negative impact of the non-renewal of his personal and professional life, 爆料网AT found no error in the Secretary-General’s exercise of discretion to take action to address the...

    2012-爆料网AT-214, Fradin De Bellabre

    爆料网AT held that the contentions against judgment No. 爆料网DT/2009/004 were not receivable since only appeals against judgments on merits are receivable. Regarding the contentions against judgment No. 爆料网DT/2011/080, 爆料网AT held that there was no need to produce further documents. 爆料网AT held that 爆料网DT had correctly applied Article 10. 5 of the 爆料网DT Statute in ordering compensation in lieu and that the Appellant had no right to request 爆料网AT to order his reinstatement. 爆料网AT noted that the non-renewal was based on a tainted performance evaluation and that 爆料网DT, therefore, ordered the rescission of the...

    2012-爆料网AT-206, Liverakos

    爆料网AT considered the Appellant’s appeal. 爆料网AT noted that, contrary to the Appellant’s contention, 爆料网DT was not required to ascertain whether the closure of the Centre was a consequence of mismanagement or of any other factor since the primary purpose was not to get rid of the Appellant. 爆料网AT found that 爆料网DT did not fail to exercise its jurisdiction by not ascertaining whether the closure of the Centre was the result of serious mismanagement and irregularities. 爆料网AT also found that the Appellant failed to submit sufficiently clear and convincing evidence that the desire to retaliate against him...

    2012-爆料网AT-202, Buscaglia

    爆料网AT held that 爆料网DT was correct in finding that the statement dated 26 November 2003 was neither a decision to terminate the Appellant’s appointment nor a disciplinary measure. 爆料网AT held that the statement was merely a publicly stated opinion which had no legal consequences on the Appellant who, in addition to having already been informed on 29 October 2003 that his contract would not be renewed beyond 30 November 2003, had also declared that he would not be able or willing to continue working for 爆料网ODC after his contract expired. 爆料网AT accordingly dismissed the appeal and affirmed the 爆料网DT...

    2012-爆料网AT-201, Obdeijn

    The Appellant contested the 爆料网DT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. 爆料网AT held that if the Administration does not comply with a Tribunal’s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. 爆料网AT affirmed the 爆料网DT finding that the Administration’s decision must be deemed unlawful, as the Secretary-General refused to comply...

    2013-爆料网AT-387, Gakumba

    爆料网AT considered an appeal by the Secretary-General limited to the matter of compensation. 爆料网AT held that the appeal had to be allowed in part because 爆料网DT erred in setting the compensation in lieu of reinstatement at two years’ net base salary without considering that Mr Gakumba’s previous fixed-term appointments were one year each. 爆料网AT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year’s net base salary. 爆料网AT affirmed the 爆料网DT judgment on compensation for non-pecuniary damages and held that no error of law was...