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The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. Ä¢¹½ÊÓƵAT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. Ä¢¹½ÊÓƵAT accordingly upheld the Secretary-General¡¯s appeal on receivability. Ä¢¹½ÊÓƵAT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, Ä¢¹½ÊÓƵAT found that the Secretary-General¡¯s refusal to...

Ä¢¹½ÊÓƵAT preliminarily rejected the request for an oral hearing finding no need for further clarification of the issues arising from the appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that the Appellant failed to identify an administrative decision, having a direct and adverse impact on his contractual rights, capable of being reviewed. Ä¢¹½ÊÓƵAT held that the Appellant was not challenging a specific administrative but had asked Ä¢¹½ÊÓƵDT to overturn a policy. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that the Appellant had failed to identify an administrative decision capable of being reviewed and to meet his statutory burden of proving non-compliance with the terms of his appointment or his contract of employment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the staff member¡¯s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the Ä¢¹½ÊÓƵDT Statute and Staff Rule 11.2(a). Ä¢¹½ÊÓƵAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to reject the Appellant¡¯s application and held that the appeal had no merit. Ä¢¹½ÊÓƵAT held that ,for various reasons, Ä¢¹½ÊÓƵDT erred in not finding that the whole of the application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that the Office of Internal Oversight Services did not decide the question of whether an investigation ought to be conducted, but rather passed it into the hands of Ä¢¹½ÊÓƵ-Habitat. Ä¢¹½ÊÓƵAT held that this preliminary step of referral was not, of itself, capable of producing direct legal consequences affecting the Appellant¡¯s terms of conditions of...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make an error of law in concluding that the Appellant¡¯s application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that there was no implied administrative decision to challenge at the time the Appellant filed his judicial review application and that his application was also not receivable on that basis. Ä¢¹½ÊÓƵAT found no errors of fact or law by Ä¢¹½ÊÓƵDT in awarding costs against the Appellant. Ä¢¹½ÊÓƵAT held that the Appellant was well-aware of his obligation to comply with Staff Rule 11.2(a), yet he: (a) intentionally failed to seek management...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT allowed the appeal on the grounds that Ä¢¹½ÊÓƵDT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. Ä¢¹½ÊÓƵAT held that it disagreed with Ä¢¹½ÊÓƵDT on the matter of receivability and that there was no administrative decision capable of being appealed before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of...

Ä¢¹½ÊÓƵAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. Ä¢¹½ÊÓƵAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

Ä¢¹½ÊÓƵAT held that the Secretary-General was duty-bound to implement decisions by the ICSC as directed by the General Assembly and that for the most part, such decisions are of general application and therefore not reviewable. Ä¢¹½ÊÓƵAT held, however, that where a decision of general application negatively affects the terms of appointment of a staff member, such decision shall be treated as an ¡°administrative decision¡± within the scope of Article 2. 1 of the Ä¢¹½ÊÓƵDT Statute. Based on the staff member¡¯s Personnel Action Forms, before and after implementation of the ICSC¡¯s renumbering exercise, Ä¢¹½ÊÓƵAT held...

On the question of maintaining confidentiality, Ä¢¹½ÊÓƵAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. Ä¢¹½ÊÓƵAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member¡¯s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. Ä¢¹½ÊÓƵAT held that the specific provisions of ICAO¡¯s personnel instruction should have led to a...