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Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that the Ä¢¹½ÊÓƵDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, Ä¢¹½ÊÓƵAT held that it was new evidence, for which leave was required, in order to adduce it before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT did not find any exceptional circumstances existed to require it to consider the new evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in taking into consideration the conditions governing the Appellant¡¯s deputation in order to determine his...

Ä¢¹½ÊÓƵAT was not persuaded that Ä¢¹½ÊÓƵDT erred in its judgment. Ä¢¹½ÊÓƵAT held that, at the time of receipt of his settlement offer, the time limit to file the application to Ä¢¹½ÊÓƵDT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. Ä¢¹½ÊÓƵAT held that the exceptional suspension of time limits provided for under Article 8(1) of the Ä¢¹½ÊÓƵDT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. Ä¢¹½ÊÓƵAT held that the settlement...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. Ä¢¹½ÊÓƵAT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...

Ä¢¹½ÊÓƵAT addressed the staff member¡¯s appeal seeking reversal of the Ä¢¹½ÊÓƵRWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was correct in finding that the Agency¡¯s extension of the Appellant¡¯s...

On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, Ä¢¹½ÊÓƵAT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. Ä¢¹½ÊÓƵAT recalled the jurisprudence of the former Ä¢¹½ÊÓƵ Administrative Tribunal that different onuses and burdens of proof arise under...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of fact or law when it concluded that the difference of treatment between the Appellant and his former colleagues who had undergone a competitive selection process was lawful. Ä¢¹½ÊÓƵAT held that it was reasonable and lawful to treat them differently at the time of deciding about the possible extension of his fixed-term appointment because equality meant not only the equal treatment of equals but also the unequal treatment of unequal. Ä¢¹½ÊÓƵAT held that there was no flaw in the motivation of the impugned judgment that could result in a manifestly unreasonable...

Ä¢¹½ÊÓƵAT held that Ms Mpacko¡¯s claims addressed the merits of the Ä¢¹½ÊÓƵDT decision and did not amount to claims that the Ä¢¹½ÊÓƵDT exceeded its competence or jurisdiction in denying her application for suspension of action. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not exceed its competence or jurisdiction in denying Ms Mpacko¡¯s application for suspension of action. Ä¢¹½ÊÓƵAT held that the appeal was not receivable.

Ä¢¹½ÊÓƵAT preliminarily rejected the request for an oral hearing finding no need for further clarification of the issues arising from the appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that the Appellant failed to identify an administrative decision, having a direct and adverse impact on his contractual rights, capable of being reviewed. Ä¢¹½ÊÓƵAT held that the Appellant was not challenging a specific administrative but had asked Ä¢¹½ÊÓƵDT to overturn a policy. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding there was no need for further clarification. Ä¢¹½ÊÓƵAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member¡¯s conversion to permanent appointment did not give Ä¢¹½ÊÓƵDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. Ä¢¹½ÊÓƵAT held that it was not within Ä¢¹½ÊÓƵDT¡¯s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...

Ä¢¹½ÊÓƵAT considered an appeal against Order No. 057 (Ä¢¹½ÊÓƵRWA/DT/2014) and judgment No. Ä¢¹½ÊÓƵRWA/DT/2014/027. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the Ä¢¹½ÊÓƵRWA DT judgment and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s reasoning. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request to submit new evidence to Ä¢¹½ÊÓƵAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. Ä¢¹½ÊÓƵAT held that it was for Ä¢¹½ÊÓƵRWA DT to consider that it...