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Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT¡¯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 Ä¢¹½ÊÓƵDT¡¯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 Ä¢¹½ÊÓƵDT failed to account for the negative impact of the non-renewal of his personal and professional life, Ä¢¹½ÊÓƵAT found no error in the Secretary-General¡¯s exercise of discretion to take action to address the...

Ä¢¹½ÊÓƵAT considered the appeal, in which the Appellant contended that exceptional circumstances existed that would merit a waiver of the time limit, allowing his application to be admitted. Ä¢¹½ÊÓƵAT noted that, in such an instance, it is the applicant¡¯s responsibility to convince the tribunal of such circumstances. Ä¢¹½ÊÓƵAT found that the Appellant did not overcome this hurdle before Ä¢¹½ÊÓƵDT and held that Ä¢¹½ÊÓƵDT did not err in rejecting the Appellant¡¯s contentions that he had exceptional circumstances. Ä¢¹½ÊÓƵAT further held that ignorance of the law is no excuse and the Appellant¡¯s reliance on erroneous advice...

Ä¢¹½ÊÓƵAT considered an appeal limited to the claim that Ä¢¹½ÊÓƵDT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT took due regard for the arguments the Appellant brought in his appeal and that Ä¢¹½ÊÓƵDT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant¡¯s economic and social losses in its overall award to him. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT noted that only circumstances beyond an applicant¡¯s control that prevented them from timely exercising the right of appeal may be considered ¡°exceptional circumstances,¡± justifying a waiver of the statutory time limit. Ä¢¹½ÊÓƵAT noted that an applicant¡¯s initial mistaken belief that decisions were lawful cannot be deemed to constitute exceptional circumstances justifying a waiver of the time limit to appeal those decisions, especially when they had every means of obtaining information from the Administration. Ä¢¹½ÊÓƵAT was not persuaded by the Appellant¡¯s arguments upon appeal and did not find any...

Ä¢¹½ÊÓƵAT considered Mr Al Sayyed¡¯s appeal and found that the decision to terminate his service, effective from close of business 15 December 2007, and as communicated to him on 30 November 2007, was superseded by the action he took on 4 December 2007, an action reinforced by him on 7 January 2008. Under these circumstances, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA did not err in dismissing Mr Al Sayyed¡¯s appeal against his termination on the basis that there was no termination decision capable of review. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered Mr Elguindi, Ms Onogi and Ms Sheryda¡¯s separate appeals. With respect to Mr Elguindi¡¯s claim, Ä¢¹½ÊÓƵAT did not find that the manner in which Ä¢¹½ÊÓƵJSPF apportioned his monthly pension sum to be unreasonable, capricious or an abuse of discretion. With respect to Ms Onogi¡¯s claim of procedural defects, Ä¢¹½ÊÓƵAT was not persuaded that there were procedural flaws on the part of Ä¢¹½ÊÓƵJSPF such as to render the exercise of its discretion unreasonable or unlawful. Ä¢¹½ÊÓƵAT also did not find merit in Mr Elguindi¡¯s claim of ¡°double-dipping¡± in his opposition to Ms Onogi¡¯s claim for relief from Ä¢¹½ÊÓƵJSPF...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s approach in considering the Appellant¡¯s prospects of success was entirely reasonable in the particular circumstances of the case. Ä¢¹½ÊÓƵAT held that it was not the function of Ä¢¹½ÊÓƵDT or Ä¢¹½ÊÓƵAT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. Ä¢¹½ÊÓƵAT recalled that the jurisdiction vested in Ä¢¹½ÊÓƵDT is to review alleged procedural deficiencies and to rectify any which are...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly determined that the issue before it was the failure of the Administration to address the Appellant¡¯s formal complaint. Ä¢¹½ÊÓƵAT held that there was no error of law or failure to exercise jurisdiction on the part of Ä¢¹½ÊÓƵDT with regard to the Appellant¡¯s request for an investigation. Ä¢¹½ÊÓƵAT held that it was satisfied that the award by Ä¢¹½ÊÓƵDT of USD 40,000 constituted sufficient satisfaction for the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly refused to entertain the request for compensation for economic loss because the Appellant¡¯s separation from service was not the subject of...

Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT¡¯s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the Ä¢¹½ÊÓƵ outside of their home country and by implication their country of nationality, was the correct interpretation. Ä¢¹½ÊÓƵAT held that there was no error in law with regard to the Ä¢¹½ÊÓƵDT¡¯s approach on the issue of home leave. Ä¢¹½ÊÓƵAT held, as a matter of law and fact, that Ä¢¹½ÊÓƵDT properly concluded that the Appellant¡¯s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that the Ä¢¹½ÊÓƵDT¡¯s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to Ä¢¹½ÊÓƵDT having stepped into the shoes of the Ä¢¹½ÊÓƵ Medical Director. Ä¢¹½ÊÓƵAT held that there were no grounds to disagree with the finding of Ä¢¹½ÊÓƵDT that Ms Frechon¡¯s contract was, in fact, terminated for medical reasons. Ä¢¹½ÊÓƵAT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in rescinding the decision to...