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The Ä¢¹½ÊÓƵAT considered an appeal by Ms. Mukomah.

The Ä¢¹½ÊÓƵAT held that Ms. Mukomah¡¯s submission that she was the spouse of the late participant at the time of his death and is therefore entitled on that basis to a widow¡¯s benefit under Article 34 of the Fund¡¯s Regulations, was not sustainable based on the evidence before the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT found that there was insufficient evidence proving that the late participant and Ms. Mukomah lawfully entered a (second) union legally recognized by the competent authority of Kenya conferring similar legal effects as a marriage in relation to pension rights...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Zaqqout. As regards an oral hearing, Ä¢¹½ÊÓƵAT found that since the application was dismissed on grounds of receivability, Mr. Zaqqout¡¯s arguments were not persuasive enough so as to justify an oral hearing at this stage. Some of the issues raised in the appeal were connected to the merits of Mr. Zaqqout¡¯s application and did not meet the threshold of the receivability assessment. Since Mr. Zaqqout was made aware at the very early stage of the proceedings of the Ä¢¹½ÊÓƵRWA¡¯s allegation that he had been notified of the impugned decision on 30 December 2018, he should have...

Ä¢¹½ÊÓƵAT disagreed. First, the Tribunal reasoned that the JAB did not engage in a critical analysis of the facts of the case and did not apply the law to the facts in order to ascertain whether the exercise of discretion was lawful. Ä¢¹½ÊÓƵAT concluded that the JAB Decision was arbitrary and did not meet the minimum requirements of providing a reasoned analysis. Second, on the merits, Ä¢¹½ÊÓƵAT found the Administration did not notify the staff member of his shortcomings in sufficient time. Neither did It provide the staff member with explicit measures against which his performance would be evaluated. Third...

Mr. Okwir appealed. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly held that the OiC/OIOS had the authority to take the decision not to investigate Mr. Okwir¡¯s allegations. As Section 4.3 of ST/SGB/2019/2 provides that all subdelegations issued by the predecessor shall remain valid unless otherwise withdrawn or modified by the successor, the Ä¢¹½ÊÓƵDT concluded that the mere fact that the new USG/OIOS began her term did not make subdelegations by the predecessor invalid. Ä¢¹½ÊÓƵAT concluded that on 25 October 2019, both the ASG/OIOS and the newly appointed USG/OIOS were competent to make the decision. The new USG...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Silva. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed several errors of law and fact and the decision to reassign Ms. Silva was without procedural flaws. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT¡¯s jurisprudence does not establish a need for prior consultation for every reassignment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had an incorrect understanding of the contested administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it held that the reassignment decision should have been notified in formal writing as it significantly altered Ms. Silva¡¯s terms and conditions of...

Ä¢¹½ÊÓƵAT preliminarily rejected the Appellant¡¯s request to present additional evidence. On the merits, Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that Ä¢¹½ÊÓƵDT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. Ä¢¹½ÊÓƵAT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. Ä¢¹½ÊÓƵAT held that there was no evidence to support the allegations of...

Ä¢¹½ÊÓƵAT observed that the Appellant did not challenge the reasoning of Ä¢¹½ÊÓƵDT, but appealed on the ground that the administrative policy in place should be changed because she was promoted but her gross income was reduced. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s pay calculations also took into account other deductions and increases such that her net income increased. Ä¢¹½ÊÓƵAT held that the real issue before it was whether Ä¢¹½ÊÓƵDT made a reversible error in fact or law such that it must allow the appeal. Ä¢¹½ÊÓƵAT noted that the Appellant did not disagree that, on its face, the calculations of her salary were made...

Ä¢¹½ÊÓƵAT noted that, even though it found the case non-receivable, Ä¢¹½ÊÓƵDT undertook a final review of the Appellant¡¯s allegations and that the case failed on the facts. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. Ä¢¹½ÊÓƵAT held there was no basis to disagree with Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT concurred with Ä¢¹½ÊÓƵDT that the case was time-barred and not receivable. Ä¢¹½ÊÓƵAT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to Ä¢¹½ÊÓƵDT and raised it for the first time before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that, while Article 2. 5 of the Ä¢¹½ÊÓƵAT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. Ä¢¹½ÊÓƵAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, Ä¢¹½ÊÓƵAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...