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It is not in dispute that the Applicant received notice of the contested decision on 8 May 2023 and that he only sought management evaluation in respect of the contested decision on 2 May 2024, approximately one year later. Since the management evaluation request was submitted outside of the statutory 60-day deadline stipulated in staff rule 11.2(c), the application is non-receivable ratione materiae (see, also, Christensen 2013-Ä¢¹½ÊÓƵAT-335).

The Respondent¡¯s motion for summary judgment was granted.

The Ä¢¹½ÊÓƵAT held that the Standing Committee of Ä¢¹½ÊÓƵJSPB had appropriately found Ms. Briel ineligible to receive a widow¡¯s benefit.

The Ä¢¹½ÊÓƵAT found that Ms. Briel should have submitted her appeal to the Ä¢¹½ÊÓƵAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the Ä¢¹½ÊÓƵAT Registry. Nonetheless, the Ä¢¹½ÊÓƵAT reviewed the merits of her appeal.

The Ä¢¹½ÊÓƵAT found that, at the time of the late participant¡¯s death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to...

Ä¢¹½ÊÓƵAT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General¡¯s answer. Ä¢¹½ÊÓƵAT held that the observations would not be taken into consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant¡¯s contention about the quantum of compensation, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was in the best position to decide on the level of compensation given its...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and an appeal Ademagic et al. Ä¢¹½ÊÓƵAT held that judgment No. 2013-Ä¢¹½ÊÓƵAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the Ä¢¹½ÊÓƵDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; Ä¢¹½ÊÓƵAT held that each candidate for permanent appointment...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. Ä¢¹½ÊÓƵAT held that judgment No. 2013-Ä¢¹½ÊÓƵAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the Ä¢¹½ÊÓƵDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; Ä¢¹½ÊÓƵAT held that each candidate for permanent appointment...

On the alleged procedural error of the Ä¢¹½ÊÓƵDT not allowing an oral examination of witnesses, Ä¢¹½ÊÓƵAT held that it was well within the competence of Ä¢¹½ÊÓƵDT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; Ä¢¹½ÊÓƵAT dismissed this ground of appeal. Ä¢¹½ÊÓƵAT held, affirming the finding of Ä¢¹½ÊÓƵDT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. Ä¢¹½ÊÓƵAT found no merit in the ground of appeal that Ä¢¹½ÊÓƵDT failed to consider that Ä¢¹½ÊÓƵHCR...

Ä¢¹½ÊÓƵAT preliminary denied the Appellant¡¯s motions for leave to respond to the answer to the appeal and his request for production of documents and evidence, on grounds that there were no exceptional circumstances. Ä¢¹½ÊÓƵAT then considered the merits of the appeal. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s decision that the investigation was not ultra vires. Whilst the Special Representative of the Secretary-General did not initiate the investigation, the nature of Chief Conduct and Discipline Team duties gave him authority to refer the matter to SIU for investigation. Even if the initiation of the investigation gave...

Ä¢¹½ÊÓƵAT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s motion for leave to file additional pleadings on the basis that the Appellant had not demonstrated any exceptional circumstances. Ä¢¹½ÊÓƵAT decided to strike out the Appellant¡¯s additional submission and not to take it into consideration. Ä¢¹½ÊÓƵAT found no fault in the Ä¢¹½ÊÓƵJSPF Standing Committee¡¯s decision which was in full accord with the Ä¢¹½ÊÓƵJSPF Regulations. Ä¢¹½ÊÓƵAT held that the Appellant was neither entitled to an increase in his pension benefit nor to a retroactive payment for the period of his reemployment as there is no legal basis for retroactive payment of these...

Ä¢¹½ÊÓƵAT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. Ä¢¹½ÊÓƵAT held that accounting for factors such as Ä¢¹½ÊÓƵAMID¡¯s scorecard with respect to gender targets and the selected candidate¡¯s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General¡¯s discretion to do so. Ä¢¹½ÊÓƵAT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. Ä¢¹½ÊÓƵAT held that the Appellant was unable to show through clear and...