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Ä¢¹½ÊÓƵAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. Ä¢¹½ÊÓƵAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. Ä¢¹½ÊÓƵAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed no error of law, fact, or...

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 denied the Appellant¡¯s application for an oral hearing. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not committed an error of procedure by denying the Appellant an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before Ä¢¹½ÊÓƵDT with specific consideration of the following: Ä¢¹½ÊÓƵDT¡¯s denial of the proceedings to be conducted in French; Ä¢¹½ÊÓƵDT¡¯s dismissal of objections to English translations in the application and other documents, Ä¢¹½ÊÓƵDT¡¯s issuance of its judgment before having the Secretary-General¡¯s reply...

On the amount of compensation in lieu of rescission, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly applied Article 10(5) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that there was no fault with the Ä¢¹½ÊÓƵDT¡¯s award of compensation of USD 2,000, noting that Ä¢¹½ÊÓƵDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. Ä¢¹½ÊÓƵAT held that absent any error of law or manifestly unreasonable factual findings Ä¢¹½ÊÓƵAT would not...

Ä¢¹½ÊÓƵAT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. Ä¢¹½ÊÓƵAT held that the Appellant merely reiterated allegations already thoroughly examined by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate any error in the Ä¢¹½ÊÓƵDT findings such as to warrant its reversal. Ä¢¹½ÊÓƵAT held that there was no merit in the appeal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. Ä¢¹½ÊÓƵAT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to Ä¢¹½ÊÓƵDP. Ä¢¹½ÊÓƵAT held that the recommendation by OAIS was not an administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...

Having decided that an oral hearing would not ¡°assist in the expeditious and fair disposal of the case,¡± as required by Article 18(1) of the RoP, Ä¢¹½ÊÓƵAT denied the Applicants¡¯ request for one. Ä¢¹½ÊÓƵAT also decided that the Appellants could not introduce additional evidence since that evidence had not been presented before Ä¢¹½ÊÓƵRWA DT and no application had been made to Ä¢¹½ÊÓƵAT to be allowed to submit that evidence on appeal. Ä¢¹½ÊÓƵAT noted that an appeal is not receivable where an Applicant bypassed the jurisdiction of the first instance Judge, by directly lodging an appeal with the Appeals Tribunal against...

Ä¢¹½ÊÓƵAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. Ä¢¹½ÊÓƵAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s request for an oral hearing and claims for moral damages and reinstatement. Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from the appeal have already been clearly defined by the parties and did not find that an oral hearing would ¡°assist in the expeditious and fair disposal of the case. ¡± To that end, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT found no fault with Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that it was highly probable that the Appellant had a leadership role in the armed clashes of 18 June 2015. Ä¢¹½ÊÓƵAT held that there was no evidence to suggest...