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Ä¢¹½ÊÓƵAT held that the Appellant did not meet her burden of proving that Ä¢¹½ÊÓƵDT clearly exceeded its jurisdiction or competence when it reassigned the cases. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal¡¯s processes and within the Ä¢¹½ÊÓƵDT¡¯s jurisdiction. Ä¢¹½ÊÓƵAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not clearly exceed its jurisdiction and the appeals were not receivable. Ä¢¹½ÊÓƵAT also noted that it does...

As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the Ä¢¹½ÊÓƵDT judgment insofar as it had not been appealed against, Ä¢¹½ÊÓƵAT denied the motion on the basis that execution should have been requested before Ä¢¹½ÊÓƵDT. On the Appellant¡¯s motion to strike assertions and evidence, Ä¢¹½ÊÓƵAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, Ä¢¹½ÊÓƵAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

Ä¢¹½ÊÓƵAT held that the Appellant simply put forward several general complaints related to the alleged merits of her case but did not argue that the judgment was defective or that Ä¢¹½ÊÓƵRWA DT committed an error in deciding that her application was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT contradicted Ä¢¹½ÊÓƵAT¡¯s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...

On the question of the non-renewal of appointment, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that (1) the Appellant¡¯s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant¡¯s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the ¡°decision¡± of the Administration to place adverse material in the Appellant¡¯s official status file and to block him from being rehired, Ä¢¹½ÊÓƵAT held there was no final, appealable...

On the matter of the deduction of 7,000 Euros paid to the Appellant¡¯s ex-wife from his final emoluments, Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant¡¯s application was not receivable ratione materiae, although for different reasons than those given by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final...

Ä¢¹½ÊÓƵAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before Ä¢¹½ÊÓƵDT, or demonstrate its relevance and materiality. On the merits, Ä¢¹½ÊÓƵAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. Ä¢¹½ÊÓƵAT held that knowledge of the...

Ä¢¹½ÊÓƵAT held that the appeal was defective for failure to identify errors made by Ä¢¹½ÊÓƵRWA DT. However, noting that the Appellant was self-represented, Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT erred in finding that Ä¢¹½ÊÓƵRWA had properly exercised its discretion in transferring the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in its assessment of the alleged victim¡¯s credibility. Ä¢¹½ÊÓƵAT held that, contrary to Ä¢¹½ÊÓƵRWA DT¡¯s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA erred in its assessment of the Appellant¡¯s credibility, in particular...

MOn the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the application was receivable in its entirety, as each of the three decisions taken on ALWOP were distinct and the Appellant failed to seek management evaluation of the first and second decisions. Ä¢¹½ÊÓƵAT held the application was only receivable ratione materiae in respect of the third and last decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that no exceptional circumstances existed to warrant the extension of the Appellant¡¯s ALWOP was a material error of law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that 12 months ALWOP was...

The Appellant sought reversal of the Ä¢¹½ÊÓƵDT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. Ä¢¹½ÊÓƵAT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. Ä¢¹½ÊÓƵAT held that the Appellant failed to submit a request for management evaluation. Ä¢¹½ÊÓƵAT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. Ä¢¹½ÊÓƵAT dismissed the appeal and...

On the Appellant¡¯s complaint that the non-selection decision was tainted by procedural irregularity and bias, Ä¢¹½ÊÓƵAT noted that the presence of two directors from the Education Department on the interview panel did not offend Ä¢¹½ÊÓƵRWA¡¯s regulatory framework. Ä¢¹½ÊÓƵAT held that it was possible to infer reasonably from the interview panel¡¯s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. Ä¢¹½ÊÓƵAT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...

Ä¢¹½ÊÓƵAT held that the case was distinguishable from Finniss (judgment No. 2014-Ä¢¹½ÊÓƵAT-397) since there was no allegation of bias, discrimination, or any other kind of deteriorated or privileged relationship between the involved candidate and the Deputy CEO. Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT¡¯s holding that the Deputy CEO should not have acted as a voting member of the assessment panel. Ä¢¹½ÊÓƵAT held that in order to exclude the Deputy CEO¡¯s involvement in the selection exercise, there must be reasonable grounds and/or evidence of extraneous or improper motives, of which there was none (except unsubstantiated and...

As preliminary matters, Ä¢¹½ÊÓƵAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by Ä¢¹½ÊÓƵAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...

The Applicant filed a second application for interpretation of judgment No. 2017-Ä¢¹½ÊÓƵAT-774 and an application for execution of judgment No. 2018-Ä¢¹½ÊÓƵAT-827. Subsequently, the Applicant requested leave to withdraw these two applications. Ä¢¹½ÊÓƵAT granted leave to withdraw the applications and directed the Registrar to close the cases.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err that, in the circumstances of the complaints made and the importance of the Appellant¡¯s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT ought not to have relied upon Morsy (judgment No. 2013-Ä¢¹½ÊÓƵAT-298), Assale (judgment No. 2015-Ä¢¹½ÊÓƵAT-534), and Sarwar (judgment No. 2017-Ä¢¹½ÊÓƵAT-757) as it did. Ä¢¹½ÊÓƵAT noted that in the Appellant¡¯s case, not only was there a performance-related justification required to be established but no proper...

Ä¢¹½ÊÓƵAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. Ä¢¹½ÊÓƵAT held that because the factual basis for the JAB¡¯s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...

Ä¢¹½ÊÓƵAT held that the consideration of transferable skills as a criterion for future permanent appointment for staff members serving in a downsizing entity is a relevant factor and a legitimate consideration because the finite mandate of the International Criminal Court for the Former Yugoslavia (ICTY) meant that such staff members had no realistic career prospects in that entity. Ä¢¹½ÊÓƵAT held that there was a rational basis for the denial of permanent appointments for the language staff (professional and general service) given the winding down of ICTY and the diminishing need for Bosnian, Croatian...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined the Appellants¡¯ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants¡¯ argument that Ä¢¹½ÊÓƵAT had erred previously in establishing the criteria in permanent appointment conversion cases, Ä¢¹½ÊÓƵAT noted that they were effectively requesting a revision of two previous Ä¢¹½ÊÓƵAT judgments and held that they were time-barred from doing so. Ä¢¹½ÊÓƵAT held that the criteria in permanent appointment conversion cases, as previously...