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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...

Ä¢¹½ÊÓƵAT considered an application for ¡°reconsideration¡± of Judgment No. 2010-Ä¢¹½ÊÓƵAT-029bis. Ä¢¹½ÊÓƵAT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. Ä¢¹½ÊÓƵAT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib¡¯s appeal was dismissed as non-receivable and without merit, Ä¢¹½ÊÓƵAT held that the application for ¡°reconsideration¡± constituted an abuse of the appeals...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly held that the Appellant¡¯s case was not receivable. Ä¢¹½ÊÓƵAT held that a selection process involved a series of steps or findings which led to the administrative decision, and that these steps may only be challenged in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s decision to order the Appellant to pay the sum of CHF 2,000, was justified because he filed a frivolous application and made all kinds of baseless charges against the fairness of the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that, when the Appellant contested before Ä¢¹½ÊÓƵAdT his separation from the Organisation, he should have also submitted the request for payment of a termination indemnity, to be able to collect it if he did not succeed in the first part of his application. Ä¢¹½ÊÓƵAT held that the decision of the Management Evaluation Unit to consider the Appellant¡¯s request not receivable as time-barred was correct. Ä¢¹½ÊÓƵAT held that, even though the Appellant revisited the issue of his separation on several occasions under the old system, he might have been misguided into believing that he could bring the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s approach, in determining the amount of compensation to be awarded to the Appellant, was reasonable. Ä¢¹½ÊÓƵAT relied on its holding in Hastings (2011-Ä¢¹½ÊÓƵAT-109), where it held that the trial court is in a much better position than Ä¢¹½ÊÓƵAT in assessing the probabilities of a candidate being selected for a position. Ä¢¹½ÊÓƵAT also found that Ä¢¹½ÊÓƵDT correctly concluded that the Appellant should not be awarded any additional compensation beyond the amount already paid to her. Ä¢¹½ÊÓƵAT further dismissed the Appellant¡¯s request to award costs against the Secretary-General, noting that there were...

Ä¢¹½ÊÓƵAT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before Ä¢¹½ÊÓƵDT. However, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the Ä¢¹½ÊÓƵDT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

Ä¢¹½ÊÓƵAT vacated Ä¢¹½ÊÓƵDT¡¯s award of CHF 5,000. Ä¢¹½ÊÓƵAT held that, while Ä¢¹½ÊÓƵDT had the power to award costs for manifest abuse of proceedings before JAB, Ä¢¹½ÊÓƵDT erred in finding that the Secretary-General¡¯s delay in responding to the JAB report constituted a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that, before Ä¢¹½ÊÓƵDT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...

The staff member appealed seven Ä¢¹½ÊÓƵDT judgments. Ä¢¹½ÊÓƵAT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.

The staff member appealed seven Ä¢¹½ÊÓƵDT judgments. Ä¢¹½ÊÓƵAT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.

Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵDT¡¯s finding that the application was moot and thus, not receivable. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s decision to dispose of the issue of compensation as part of another case was a case management decision well within the discretion of Ä¢¹½ÊÓƵDT and caused no injustice to the Appellant. Ä¢¹½ÊÓƵAT observed that it should never have been called on to review the Ä¢¹½ÊÓƵDT¡¯s decision since the fact that the application was moot was obvious. Ä¢¹½ÊÓƵAT held that the Appellant had manifestly abused the appeals process by filing an appeal that was blatantly frivolous. Ä¢¹½ÊÓƵAT opined that the...