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The Secretary-General appealed on the premise that Ä¢¹½ÊÓƵDT improperly substituted its decision for that of the Administration. Ä¢¹½ÊÓƵAT disagreed and found that the reason Ä¢¹½ÊÓƵDT rescinded the decision was because it suffered from incoherence, i.e. the reasons provided for singling out the staff member with a shorter extension of his FTA changed over time and were not supported by the facts. Ä¢¹½ÊÓƵAT also noted the ex post facto reasons for selecting the cross-appellant rather than one of the other staff members provide an inadequate justification, especially in light of the incoherence and the fact that...

The Secretary-General appealed arguing that the Organization had no obligation to make all reasonable efforts to place the staff member in available suitable posts, as he only had an FTA and that such obligation was meant only for those who had continuing or permanent appointments. Ä¢¹½ÊÓƵAT disagreed and found that staff members should be ¡°retained¡± in an order of priority favouring, first, those with continuing appointments; second, holders of FTAs of more than two years¡¯ duration who were recruited competitively; and third and finally, other FTA holders. In the instant case, Ä¢¹½ÊÓƵAT found because...

Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵRWA DT and found the supervisor¡¯s request to the Agency to grant the staff member a special allowance also constituted an implicit request from the staff member himself. Ä¢¹½ÊÓƵAT reasoned that not only did the supervisor act upon the express request of the staff member when he sent the recommendation to the Agency, but it was also apparent and self-understood that both the staff member and the supervisor were a party to the process. Additionally, in this particular case, it is the staff member who followed up with the Agency regarding the status of the supervisor¡¯s request...

Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT and found the procedure laid down in the Staff Regulations and Rules was not properly followed, as such the Secretary-General¡¯s exclusion of the staff member from the selection process was not legal, rational, procedurally correct, or proportionate. Ä¢¹½ÊÓƵAT firstly held that Ä¢¹½ÊÓƵDT erred when it ruled that the invitation e-mail respected the advance notice requirement. Ä¢¹½ÊÓƵAT reasoned that the day of the event (the receipt of the email) cannot be counted in computing the number of days required to give advance notice for a test. As such, by requiring at least five working...

Noting that an appeal against an interlocutory order would only be receivable in instances when it is clear and manifest that Ä¢¹½ÊÓƵDT exceeded its jurisdiction or competence, Ä¢¹½ÊÓƵAT actually rejected the Secretary-General¡¯s appeal on the basis that it was moot. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT had since disposed of the underlying case by Order No. 169; (NBI/2020) because the former staff never filed an application with the tribunal, even after being granted an extension.

On appeal, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or fact in accepting estimates from three different hospitals in Turkey, although one such estimate dated in December 2015 (close to the date of the interventions in Geneva, November 2015) and the other two estimates were submitted much later in October 2019. Ä¢¹½ÊÓƵAT held the December 2015 estimate was a fair estimate of the medical costs. Ä¢¹½ÊÓƵAT also rejected the staff member¡¯s argument that a more favourable exchange rate (1 USD : 3 TRY), which was applicable in 2016, should have been applied to the October 2019 estimates. The Tribunal...

Ä¢¹½ÊÓƵAT held that the staff member¡¯s appeal was defective because she did not specify which errors were committed by Ä¢¹½ÊÓƵRWA DT in arriving at its Judgment. However, given that the staff member was not legally represented, Ä¢¹½ÊÓƵAT went on to review the merits of the appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it held that the staff member did not have any right to be appointed and that the recommendation from the HR Head did not mature into an enforceable right. Second, Ä¢¹½ÊÓƵAT held that there was no entitlement to receive overtime pay since overtime must be authorized in advance and duly recorded...

Ä¢¹½ÊÓƵAT agreed and found the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵDT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.

The Tribunal noted that the case was one of the cases provided for under Section 4.2 of ST/SGB/2009/11 on transitional measures. At the outset, the Tribunal declared the application irreceivable with respect to any claim which had not been raised previously in the request for review to the Secretary-General. The Tribunal further raised ex officio the issue of the receivability ratione personae of the application since the decision not to select the Applicant to the post was taken when the Applicant was a former staff member. The Tribunal noted that article 3, paragraph 1 (b), of the Ä¢¹½ÊÓƵDT...