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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT found merit in the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...

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 the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s application for an oral hearing, noting that the Appellant was not entitled to call evidence on appeal that she should have presented to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly regarded itself as not competent to make medical findings contradicting the medical evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made no error in its finding that the ABCC¡¯s recommendation had no connection with the attempted recovery of monies which was allegedly paid to the Appellant by the United Nations Federal Credit Union (Ä¢¹½ÊÓƵFCU) by mistake. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was quite correct in its opinion that the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not have the power to remand the case back to the ABCC, since an order under that provision requires the concurrence of the Secretary-General to that effect. Ä¢¹½ÊÓƵAT held that the only proper course for Ä¢¹½ÊÓƵDT to take was either to remand the case to the ABCC with the Secretary-General¡¯s concurrence or to consider whether the procedural flaws warranted the rescission of the impugned administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, by making an order to remand the case to the Administration without the concurrence of the Secretary-General, exceeded its competence and committed...

Ä¢¹½ÊÓƵAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. Ä¢¹½ÊÓƵAT waived the deadline for appeal and held the appeal to be receivable. Ä¢¹½ÊÓƵAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before Ä¢¹½ÊÓƵDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant¡¯s claims relating to the use of and access to the closed-circuit television (CCTV) video...

Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s motion to file an additional pleading in the absence of any exceptional circumstances warranting it. Ä¢¹½ÊÓƵAT held that the Appellant failed to seek leave from Ä¢¹½ÊÓƵAT to introduce additional evidence and neither adduced evidence that exceptional circumstances warranted it nor that it would serve the interests of justice or the efficient and expeditious resolution of the appeal. On the issue of execution of the 2016 Ä¢¹½ÊÓƵDT judgment, Ä¢¹½ÊÓƵAT held that there was no evidence that any of the orders contained therein were not executed and therefore the application was not...

Ä¢¹½ÊÓƵAT held that while the SAB may satisfy the requirements of a neutral first instance process, its decision is only advisory or recommendatory. Ä¢¹½ÊÓƵAT held that the facts did not disclose whether the Secretary-General of IMO had the power to amend the powers of the SAB retrospectively to permit the SAB to make a decision rather than a recommendation or, more pertinently, by subsequent fiat, to convert a recommendation of SAB into a decision. Ä¢¹½ÊÓƵAT held that the source of the Secretary-General¡¯s power to introduce interim measures was not clear and that there may be other constraints upon his...

Contrary to the Ä¢¹½ÊÓƵDT¡¯s finding, Mr. Kollie¡¯s letter of 7 June 2007 to the ABCC cannot be regarded as a request under Article 17 of the Appendix D to convene a medical board and reconsider the Secretary-General¡¯s decision. Nor can the emails of 25/27 July 2017 and 24 August 2017 be regarded as a review of the 16 May 2017 decision of the Secretary-General or an administrative decision under Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute. The emails of 25/27 July 2017 constituted an implied appealable decision by the ABCC to reject Mr. Kollie¡¯s claim for reimbursement of his out-of-pocket expenses. But...

The Ä¢¹½ÊÓƵDT erred in fact in concluding that the ABCC had solely and exclusively rested upon the MSD¡¯s medical report, and the Ä¢¹½ÊÓƵDT exceeded its competence in stating that the time limit under Article 12 of Appendix D would only start to run from the moment when the psychological symptoms were so severe that the patient acknowledged that his/her syndrome no longer allowed him/her to fulfill his/her professional obligations. In the light of the facts that the Applicant was able to return to his high level of functioning at work after he had been transferred out of HATIS on 1 December 2013, that...