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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error of law. Ä¢¹½ÊÓƵAT held that the record did not support the finding that the Appellant was notified for the purposes of Staff Rule 11.2(c) during her June 2014 meetings (or any previous ones) with the effect of triggering the time limits thereunder for her request for management evaluation. Ä¢¹½ÊÓƵAT noted that the minutes upon which Ä¢¹½ÊÓƵDT based its finding were unsigned, undated, and not shared with the Appellant at the time. Ä¢¹½ÊÓƵAT noted that the meetings of June 2014 did not have the aim of notification of the administrative decision of the non-renewal of her...

Ä¢¹½ÊÓƵAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. Ä¢¹½ÊÓƵAT held that because the factual basis for the JAB¡¯s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...

Ä¢¹½ÊÓƵAT held that it was clear from the record that Ä¢¹½ÊÓƵDT did not consider the whole of the evidence in arriving at its decisions and that its determination of the facts was unsustainable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT based its finding of bias on selected extracts of a report from the Ethics Office which neither positively established bias nor explained how, if at all, the potential bias to which it referred was connected to the selection process. Ä¢¹½ÊÓƵAT held that the need for factual determinations based on the whole of the relevant evidence required the case to be remanded to the Ä¢¹½ÊÓƵDT for a rehearing de...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the erroneous requirement for a perfect command of English vitiated the entire recruitment process, noting that it was a typographic error and corrective measures were taken by conducting a manual review of the personal history profile of each candidate. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its finding that the selection process was unlawful and lacked transparency. Ä¢¹½ÊÓƵAT held that the need for the factual determination of all of the evidence related to the roster, placement, and removal of candidates required that the instant case be remanded to the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an application for execution of judgment No. 2017-Ä¢¹½ÊÓƵAT-798 by Mr. Dibs. Ä¢¹½ÊÓƵAT granted in part the application for execution of judgment and ordered Ä¢¹½ÊÓƵRWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. Ä¢¹½ÊÓƵAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.

Ä¢¹½ÊÓƵAT held that there was no express rescission of the impugned decision by the Administration. Ä¢¹½ÊÓƵAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. Ä¢¹½ÊÓƵAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its decision, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the matter to Ä¢¹½ÊÓƵDT for proper...

Ä¢¹½ÊÓƵAT held that there was no difficulty in principle regarding the admissibility of the secretly recorded conversation based on the way it was procured, even though it may have involved an element of entrapment; however, Ä¢¹½ÊÓƵAT was concerned that the probative value of the evidence depended upon the credibility of a person who did not testify before the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT noted that the content of the contemporaneous emails which supported the transcript of the telephone conversation remained hearsay unless it was confirmed by the authors or recipients of the emails and that none of the authors or...

The Secretary-General of IMO is essentially seeking comments on the Ä¢¹½ÊÓƵAT judgment under the guise of an application for interpretation, something Ä¢¹½ÊÓƵAT expressly proscribed in Kasmani. The Ä¢¹½ÊÓƵAT¡¯s Fogarty Judgment clearly and unambiguously explicates the nature of the difficulty in a manner that requires no further interpretation. There is no ambiguity, uncertainty or irreconcilable conflict on the question remanded or the reasons for the remand or in the comments in paragraph 25 of the Fogarty Judgment that justifies an application for interpretation. While the applications for...

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...