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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err by not considering the various provisions of Staff Rule 3. 18. Ä¢¹½ÊÓƵAT held that a staff member¡¯s failure to meet the requirements of either Annex IV or Staff Rule 3. 18 precluded the staff member from being eligible for a repatriation grant and, since the Appellant did not meet the requirement of Annex IV, that she relocate after separation from service, there was no need for Ä¢¹½ÊÓƵDT to consider whether she met the conditions for eligibility under Staff Rule 3. 18(c). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in determining the Appellant was not eligible for a repatriation...

Ä¢¹½ÊÓƵAT held that Ms Mpacko¡¯s claims addressed the merits of the Ä¢¹½ÊÓƵDT decision and did not amount to claims that the Ä¢¹½ÊÓƵDT exceeded its competence or jurisdiction in denying her application for suspension of action. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not exceed its competence or jurisdiction in denying Ms Mpacko¡¯s application for suspension of action. Ä¢¹½ÊÓƵAT held that the appeal was not receivable.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the reasons proffered by the Administration for not renewing Mr Pirnea¡¯s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea¡¯s appointment was based solely on speculation and that Ä¢¹½ÊÓƵDT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. Ä¢¹½ÊÓƵAT noted that...

Ä¢¹½ÊÓƵAT held that concern about a high-level manager¡¯s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. Ä¢¹½ÊÓƵAT noted that it was well within the discretion of Ä¢¹½ÊÓƵDT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. Ä¢¹½ÊÓƵAT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in awarding moral damages of USD 25,000. Ä¢¹½ÊÓƵAT held there was no merit in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that there was no breach of Mr Powell¡¯s due process rights at the preliminary investigation stage. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT findings in paragraphs 86 and 106 of the...

Ä¢¹½ÊÓƵAT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s failure to object to the Respondent¡¯s late reply before Ä¢¹½ÊÓƵRWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant¡¯s claim that Ä¢¹½ÊÓƵRWA DT erred when it did not permit him to file a rejoinder to the Respondent¡¯s reply, Ä¢¹½ÊÓƵAT held that since the Appellant did...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had interpreted Articles 19 and 35 of the Ä¢¹½ÊÓƵDT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. Ä¢¹½ÊÓƵAT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...

Ä¢¹½ÊÓƵAT addressed the staff member¡¯s appeal seeking reversal of the Ä¢¹½ÊÓƵRWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. Ä¢¹½ÊÓƵAT 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. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was correct in finding that the Agency¡¯s extension of the Appellant¡¯s...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT did not find that the Applicant was distressed by Ä¢¹½ÊÓƵHCR¡¯s illegal conduct or that he had suffered any adverse consequences or harm from Ä¢¹½ÊÓƵHCR¡¯s procedural error in following the opinion of DSS. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. Ä¢¹½ÊÓƵAT upheld the appeal and reversed the Ä¢¹½ÊÓƵDT judgment regarding the award of damages to the staff member.