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Ä¢¹½ÊÓƵAT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). Ä¢¹½ÊÓƵAT held that those steps had to have been exhausted before invoking the jurisdiction of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. Ä¢¹½ÊÓƵAT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT has no jurisdiction to waive the requirement of a prior...

Ä¢¹½ÊÓƵAT held that since the Appellant did not submit her preliminary request for administrative review within the time limit, a time limit which expired before the new Staff Rules came into force, Ä¢¹½ÊÓƵDT had no alternative than to reject her application as not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did...

Ä¢¹½ÊÓƵAT affirmed the decision of Ä¢¹½ÊÓƵDT that the Appellant¡¯s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in limiting the scope of his application to the non-renewal. Ä¢¹½ÊÓƵAT concurred with the former Ä¢¹½ÊÓƵ Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member¡¯s fixed-term appointment...

Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT¡¯s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the Ä¢¹½ÊÓƵ outside of their home country and by implication their country of nationality, was the correct interpretation. Ä¢¹½ÊÓƵAT held that there was no error in law with regard to the Ä¢¹½ÊÓƵDT¡¯s approach on the issue of home leave. Ä¢¹½ÊÓƵAT held, as a matter of law and fact, that Ä¢¹½ÊÓƵDT properly concluded that the Appellant¡¯s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

Ä¢¹½ÊÓƵAT considered appeals against Ä¢¹½ÊÓƵDT judgment Nos. Ä¢¹½ÊÓƵDT/2010/108 and Ä¢¹½ÊÓƵDT/2010/109 jointly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that the Ä¢¹½ÊÓƵDT¡¯s finding of fact was not supported by the evidence or that it was unreasonable. Ä¢¹½ÊÓƵAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that the Ä¢¹½ÊÓƵDT¡¯s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to Ä¢¹½ÊÓƵDT having stepped into the shoes of the Ä¢¹½ÊÓƵ Medical Director. Ä¢¹½ÊÓƵAT held that there were no grounds to disagree with the finding of Ä¢¹½ÊÓƵDT that Ms Frechon¡¯s contract was, in fact, terminated for medical reasons. Ä¢¹½ÊÓƵAT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in rescinding the decision to...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant¡¯s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵDT made any errors of...

Ä¢¹½ÊÓƵAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before Ä¢¹½ÊÓƵAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration¡¯s withdrawal of the offer of...

Ä¢¹½ÊÓƵAT held that, except for the Appellant¡¯s own assertion, it found no evidence to show that he was a genuine whistle-blower. Ä¢¹½ÊÓƵAT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. Ä¢¹½ÊÓƵAT held that the non-renewal of the Appellant¡¯s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. Ä¢¹½ÊÓƵAT...