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Ä¢¹½ÊÓƵAT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. Ä¢¹½ÊÓƵAT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. Ä¢¹½ÊÓƵAT held that the compensation awarded by Ä¢¹½ÊÓƵDT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. Ä¢¹½ÊÓƵAT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...

As a preliminary issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err by failing to order the Appellant¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the head of department was not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who had been recognised as qualified. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or fact in ruling that the contested administrative decision was marred by irregularity and ordering the Appellant to be paid compensation equivalent to six months¡¯ base salary as an alternative to the rescission of the improper decision. Ä¢¹½ÊÓƵAT considered that, in this matter, the first judge was...

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 held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; Ä¢¹½ÊÓƵAT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. Ä¢¹½ÊÓƵAT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was...

Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵDT/2012/131. Ä¢¹½ÊÓƵAT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. Ä¢¹½ÊÓƵDT/2012/131, as well as the staff members who appealed judgment No. Ä¢¹½ÊÓƵDT/2012/129 and judgment No. Ä¢¹½ÊÓƵDT/2012/130. Ä¢¹½ÊÓƵAT held that, since it had rescinded the Ä¢¹½ÊÓƵDT judgment against which the staff members appealed, the majority of their claims were rendered moot. Ä¢¹½ÊÓƵAT held that it's reasoning in Malmstr?m et al....

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT recalled that Ä¢¹½ÊÓƵAT expressly held in Mmata (judgment No. 2010-Ä¢¹½ÊÓƵAT-092) that Article 10. 5 of the Ä¢¹½ÊÓƵDT Statute limited the total of all compensation to the equivalent of two years¡¯ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. Ä¢¹½ÊÓƵAT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that Ä¢¹½ÊÓƵDT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. Ä¢¹½ÊÓƵAT noted that an award under Article 10(5)(a) of the Ä¢¹½ÊÓƵDT Statute is alternative...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General¡¯s argument that Ä¢¹½ÊÓƵDT unduly fettered its discretion to award compensation in lieu of specific performance, Ä¢¹½ÊÓƵAT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, Ä¢¹½ÊÓƵAT would not interfere with the discretion vested in Ä¢¹½ÊÓƵRWA DT to decide on remedy. Ä¢¹½ÊÓƵAT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General¡¯s argument that...