UNDT/2011/039, Liverakos
Review of the motivations behind the contested decision: Circumstances intervening after the contested decision was taken may not be considered as showing the motives put forward by the Administration to be false. Even if it was proved that an evaluation of the Applicant’s performance was conducted after his separation, this is not pertinent in examining the decision not to renew his contract, inasmuch as the motive provided therefor was not unsatisfactory performance. Scope of review by the Tribunal: It is not for the Tribunal to determine, when the Administration decides to close one of its services, the order in which the affected staff members should be separated. Whereas the Applicant holds that the closing of the Centre, and therefore the decision not to renew his contract, was caused by poor management, and even though this fact is evident from the file, the Tribunal cannot but limit its control to the veracity of the reason for not having renewed the Applicant’s appointment, i.e., the prospect that the Centre would be closed; such control cannot extend to the responsibilities in its closure.
The Applicant contests the decision not to renew his appointment.
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