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The Appeals Tribunal held that the Ä¢¹½ÊÓƵDT correctly found that the decision to recover a portion of Mr. Kulga¡¯s Home Leave lump sum was lawful.

As to the costs awarded against Mr. Kulga, the Appeals Tribunal found that the Ä¢¹½ÊÓƵDT erred in finding Mr. Kulga¡¯s application to be frivolous as it was not unreasonable for Mr. Kulga to consider that a further challenge to the Ä¢¹½ÊÓƵDT could assist him, especially after his management evaluation challenge had been partially successful. In addition, the Ä¢¹½ÊÓƵDT¡¯s finding that Mr. Kulga repeatedly lied to the Administration over six months in seeking to obtain...

The Ä¢¹½ÊÓƵAT noted that in his application, the staff member had clearly identified the contested decision as the Pension Fund¡¯s email which informed him that his pension benefits had already been paid and there were no further entitlements.

The Ä¢¹½ÊÓƵAT noted that he had not requested a review of the decision or filed an appeal to the Standing Committee of the Pension Board but rather had filed a request for management evaluation and then appealed to the Dispute Tribunal. The Ä¢¹½ÊÓƵAT held that, as such, he had not followed proper procedure under the rules of the Pension Fund.

The Ä¢¹½ÊÓƵAT concluded that the...

The Ä¢¹½ÊÓƵAT noted that the staff member had requested management evaluation 64 days after he was informed of the contested decision.

The Ä¢¹½ÊÓƵAT found no merit in the staff member¡¯s arguments that the delay in requesting management evaluation had been minimal or that his permanent incapacity constituted a force majeure which the Ä¢¹½ÊÓƵDT was obliged to consider.

The Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT finding the application not receivable ratione materiae.

The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment.

The Ä¢¹½ÊÓƵAT found that Mr. Flekal, by consenting to the referral of the harassment claim on 3 March 2024, for managerial action, had essentially waived the right to pursue a remedy before the Tribunals for the lack of an investigation into his complaints of harassment, including bullying. The Ä¢¹½ÊÓƵAT noted that under the relevant technical instruction of the Department of Internal Oversight Services, bullying is not a separate category of misconduct, it is considered a kind of harassment.

The Ä¢¹½ÊÓƵAT noted that Mr. Flekal had also waived his ¡°abuse of power¡± claim because it was not pled in his...

The Ä¢¹½ÊÓƵAT noted that the decision to place Mr. Flekal on an OTI process is only an intermediate step in the performance management process and has had no direct impact or adverse consequence on his terms of appointment or the contract of employment and therefore is not an administrative decision subject to judicial review.

The Ä¢¹½ÊÓƵAT found that Mr. Flekal was separated for medical reasons, declared incapacitated and awarded a disability pension. He was not separated from the Agency due to non-renewal of his fixed-term appointment. Therefore, Mr. Flekal¡¯s challenge of the 29 August 2023 decision...

The Ä¢¹½ÊÓƵAT found that the neutral first instance process established by the IMO, i.e., the SAB, was properly constituted and met the requirements of Article 2(10) of the Ä¢¹½ÊÓƵAT Statute. The Ä¢¹½ÊÓƵAT rejected the argument that the SAB lacked neutrality. The Ä¢¹½ÊÓƵAT also found that the SAB produced a sufficient written record of its Decision.

The Ä¢¹½ÊÓƵAT found that the SAB acted within the bounds of its jurisdiction and competence when it reviewed the decision of the Secretary-General on the recommendation of the ABCC. The SAB had close regard to the fact that the ABCC reached its determination on the medical...

The Ä¢¹½ÊÓƵAT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. Ä¢¹½ÊÓƵRWA/DT/2025/001.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT¡¯s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat¡¯s appeal was not receivable.

The Ä¢¹½ÊÓƵAT held that the former staff member did not request an oral hearing during proceedings before the Ä¢¹½ÊÓƵDT and thus cannot be allowed to do so on appeal. The Ä¢¹½ÊÓƵDT as the trier of fact cannot be bypassed.

The Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that the former staff member¡¯s post-separation grievances were beyond its scope of adjudication and not receivable because there was no prior and timely request for management evaluation. The sanction for non-compliance with this mandatory internal procedure is the non-receivability of the application challenging the contested decision.

The...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the Ä¢¹½ÊÓƵAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the Ä¢¹½ÊÓƵAT further held that her ignorance or misunderstanding of the law...

The Ä¢¹½ÊÓƵAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The Ä¢¹½ÊÓƵAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the Ä¢¹½ÊÓƵAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the Ä¢¹½ÊÓƵDT did not err in not holding an oral hearing...