Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵAT noted that the staff member had filed numerous and confusing claims and applications that had been the subject of various reviews by the Management Evaluation Unit, the Ä¢¹½ÊÓƵDT and the Ä¢¹½ÊÓƵAT, all of which essentially attempted to ensure that the Administration continued to pay her benefits for medical reasons after expiration of her fixed-term appointment.

The Ä¢¹½ÊÓƵAT held that her submissions failed to identify in precise terms a specific administrative decision capable of being reviewed. The Ä¢¹½ÊÓƵAT found that the so-called non-decisions or incomplete decisions identified by her were not...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not failed to exercise jurisdiction nor committed an error in procedure. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not exceeded its broad discretion in overruling the objections of the staff member¡¯s counsel when it permitted additional questions by the Secretary-General¡¯s counsel and, in any event, the Ä¢¹½ÊÓƵDT¡¯s ruling had no material or prejudicial impact on the outcome of the case.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The Ä¢¹½ÊÓƵAT...

The Ä¢¹½ÊÓƵAT found that the procedures applied to fill the Position sought by the staff member were consistent with the applicable rules. Although the OCHA advertised the Position without any pre-determined restriction to rostered candidates, and received some 151 applications, it ultimately decided to select a rostered candidate, thereby excluding the staff member and many others from consideration. The Ä¢¹½ÊÓƵAT held that the Administration was well within its prerogative to do so, as the plain reading of Section 9.5 of Administrative Instruction ST/AI/2010/3/Rev.1 (Staff selection system) grants...

The Ä¢¹½ÊÓƵAT held that the staff member bore the burden of proving that the Secretary-General¡¯s failures to address both the discriminatory policies of the host country and the alleged attempt of the law enforcement authorities of that host country to recruit him, constituted unilateral decisions taken by the Administration, which applied to him individually, and had direct legal consequences on his terms of appointment or contract of employment. The Ä¢¹½ÊÓƵAT held that the staff member could not meet this burden because these issues fell within the realm of diplomacy, are subject to the rules of...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had correctly assessed the Agency¡¯s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT¡¯s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10.As the Appellants classified at Grade 9 did not meet this requirement, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The Ä¢¹½ÊÓƵAT further...

The Ä¢¹½ÊÓƵAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the Ä¢¹½ÊÓƵDT nor on appeal.

The Ä¢¹½ÊÓƵAT held that even if ST/AI/2019/1 were applicable to Ä¢¹½ÊÓƵHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The Ä¢¹½ÊÓƵAT found no basis to overturn the Ä¢¹½ÊÓƵDT¡¯s determination that there had been no evidence of bias or conflict of interest in either the medical...

The Ä¢¹½ÊÓƵAT noted that the impugned Orders denying the staff member¡¯s requests for anonymity had been issued less than a month after the Ä¢¹½ÊÓƵDT had granted his motion for anonymity in another case.

The Ä¢¹½ÊÓƵAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The Ä¢¹½ÊÓƵAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The Ä¢¹½ÊÓƵAT...

The Ä¢¹½ÊÓƵAT found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the Ä¢¹½ÊÓƵAT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the disciplinary measure imposed was lawful.

The Ä¢¹½ÊÓƵAT rejected the former staff member¡¯s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The Ä¢¹½ÊÓƵAT held that this argument was not admissible, as it had already been presented before the Ä¢¹½ÊÓƵDT.

In any event, the Ä¢¹½ÊÓƵAT determined that the decision from DWB constituted a...

With respect to the alleged discriminatory and arbitrary application of ICAO Staff Rule 105.3 regarding overtime, the Appeals Tribunal was satisfied that the Appeals Board had made no error in finding that Mr. Alvear had failed to identify any specific appealable administrative decision, and that it therefore did not err in dismissing his application.

Turning to Mr. Alvear¡¯s complaint that he did not receive the desk audit classification results for his position, the Appeals Tribunal found that the ICAO Appeals Board did err in finding the application not receivable since the Administration¡¯s...