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Ä¢¹½ÊÓƵAT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). Ä¢¹½ÊÓƵAT held that those steps had to have been exhausted before invoking the jurisdiction of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. Ä¢¹½ÊÓƵAT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT has no jurisdiction to waive the requirement of a prior...

Ä¢¹½ÊÓƵAT considered appeals of judgment Nos. Ä¢¹½ÊÓƵDT/2010/075 and Ä¢¹½ÊÓƵDT/2010/076. On the issue of being barred from the Ä¢¹½ÊÓƵOV premises, Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, Ä¢¹½ÊÓƵAT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. Ä¢¹½ÊÓƵAT held that, as a holder of an SSA contract, the Appellant was no...

Ä¢¹½ÊÓƵAT held that it was not competent to revise the judgments of the former Ä¢¹½ÊÓƵ Administration Tribunal. Ä¢¹½ÊÓƵAT held that the appeal was not receivable and dismissed the application.

Ms. Azzouni filed an application for revision of judgment No. 2020-Ä¢¹½ÊÓƵAT-081 for clarification of the date upon which the two years¡¯ net base salary was to be calculated and requested that it be set as of the date of the judgment, or, alternatively, that an interest rate be applied to the compensation awarded from the date of separation to that of the judgment. Ä¢¹½ÊÓƵAT held that it would treat the application as an application for interpretation under Article 11(3) of the Ä¢¹½ÊÓƵAT Statute. On the basis that the purpose of compensation is to place a staff member in the same position he or she would...

Ä¢¹½ÊÓƵAT affirmed the decision of Ä¢¹½ÊÓƵDT that the Appellant¡¯s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in limiting the scope of his application to the non-renewal. Ä¢¹½ÊÓƵAT concurred with the former Ä¢¹½ÊÓƵ Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member¡¯s fixed-term appointment...

Ä¢¹½ÊÓƵAT held that the appeal was time-barred and not receivable. Ä¢¹½ÊÓƵAT held that the time limit for filing an appeal may be suspended, waived, or extended, only in exceptional cases and upon a written request by an appellant prior to the filing of an appeal, which the Appellant failed to submit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT 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 Ä¢¹½ÊÓƵAT held that it found no reason to reverse the finding of Ä¢¹½ÊÓƵDT that there was no evidence of such a commitment. Ä¢¹½ÊÓƵAT 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. Ä¢¹½ÊÓƵAT held that the need for translator services at Ä¢¹½ÊÓƵAMI could...

Ä¢¹½ÊÓƵAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the Ä¢¹½ÊÓƵJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. Ä¢¹½ÊÓƵAT held that the different treatment of IOM staff members was created by the General Assembly. Ä¢¹½ÊÓƵAT noted that restoration is an exceptional benefit that cannot be extended by analogy. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claim of inconsistency, unequal treatment, and arbitrariness by the Ä¢¹½ÊÓƵJSPB was...

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2010-Ä¢¹½ÊÓƵAT-015 by Ms. Macharia. Ä¢¹½ÊÓƵAT held that Ms. Macharia provided no evidence upon which it could infer that there was bias or likelihood of bias on the part of Judge Izuako. Ä¢¹½ÊÓƵAT held that, with regard to the Legal Officer who allegedly had a personal friendship with Judge Boolell, there was no evidence for it to draw the conclusion that the Legal Officer influenced the proceedings or the Ä¢¹½ÊÓƵDT Judge in her decision. Ä¢¹½ÊÓƵAT held that Ms. Macharia did not offer any evidence in support of her bare assertions casting serious doubt on the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant¡¯s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵDT made any errors of...

Ä¢¹½ÊÓƵAT 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. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT 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. Ä¢¹½ÊÓƵAT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

The staff member appealed on the ground that Ä¢¹½ÊÓƵDT had made errors of fact in the judgment. Ä¢¹½ÊÓƵAT recalled that in order to overturn a finding of fact, Ä¢¹½ÊÓƵAT must be satisfied that the finding is not supported by the evidence or that it is unreasonable. Some degree of deference should be given to the factual findings by Ä¢¹½ÊÓƵDT as the court of first instance, particularly where oral evidence is heard. Ä¢¹½ÊÓƵAT dismissed the appeal finding that there were no grounds for overturning the Ä¢¹½ÊÓƵDT¡¯s findings of fact and that no other reversible errors were made.

Ä¢¹½ÊÓƵAT considered an appeal of Ä¢¹½ÊÓƵDT Order No. 50 (GVA/2010) by the Secretary-General. Ä¢¹½ÊÓƵAT held that the issue under consideration was settled, as Ä¢¹½ÊÓƵAT had consistently held that Ä¢¹½ÊÓƵDT had no jurisdiction to waive deadlines for management evaluation or administrative review. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. Ä¢¹½ÊÓƵAT allowed the appeal and set aside the Ä¢¹½ÊÓƵDT Order.

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General on the compensation awarded. Ä¢¹½ÊÓƵAT considered the cross-appeal by Ms Antaki, regarding Ä¢¹½ÊÓƵDT¡¯s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-Ä¢¹½ÊÓƵAT-096). Ä¢¹½ÊÓƵAT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded Ä¢¹½ÊÓƵDT from awarding any compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in receiving the application in respect of a service contract. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in failing to consider adequately the Appellant¡¯s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the Ä¢¹½ÊÓƵDT hearing, which included the opportunity to call evidence and to challenge the Administration¡¯s evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

Ä¢¹½ÊÓƵAT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-Ä¢¹½ÊÓƵAT-036)). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in applying the decision in Rosca (Ä¢¹½ÊÓƵDT/2009/052), which was disproved by Ä¢¹½ÊÓƵAT in Costa, but that the error did not affect the outcome...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT adequately applied the appropriate principles set out in the former Ä¢¹½ÊÓƵ Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. Ä¢¹½ÊÓƵAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division¡¯s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that it would have been...

Ä¢¹½ÊÓƵAT considered an appeal centred on the receivability of the appeal to the JAB. The Appellant had sought a waiver of the time limit to appeal before JAB on the basis that his legal counsel was away from Syria for medical treatment for a year. Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances to justify the Appellant¡¯s 18-month delay in filing his appeal pending either his counsel¡¯s return or replacement. Ä¢¹½ÊÓƵAT held that the JAB properly considered that there were no exceptional circumstances justifying a waiver of the time limit to file an appeal to the JAB. Ä¢¹½ÊÓƵAT dismissed the appeal and...

Ä¢¹½ÊÓƵAT considered whether the impugned decision was a contestable administrative decision. Ä¢¹½ÊÓƵAT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. Ä¢¹½ÊÓƵAT held that the requirement for Ä¢¹½ÊÓƵ Office at Nairobi (Ä¢¹½ÊÓƵON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation¡¯s staff medical insurance plan. Ä¢¹½ÊÓƵAT held that this requirement was of general...