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Ä¢¹½ÊÓƵAT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. Ä¢¹½ÊÓƵAT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, Ä¢¹½ÊÓƵAT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

Ä¢¹½ÊÓƵAT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic¡¯s appeal, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General¡¯s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT held that the approach of Ä¢¹½ÊÓƵDT did not merit the remedy...

Ä¢¹½ÊÓƵAT held that the Appellant failed to establish any errors warranting the reversal of the Ä¢¹½ÊÓƵDT judgment concerning her entitlements. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly concluded that the claim was not receivable. Ä¢¹½ÊÓƵAT recalled that Ä¢¹½ÊÓƵDT has no jurisdiction to waive the deadlines for management evaluation or administrative review. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Noting the broad discretion of Ä¢¹½ÊÓƵDT with respect to case management, Ä¢¹½ÊÓƵAT held that there was no merit in the contention that Ä¢¹½ÊÓƵDT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his ¡°evaluative past, including the issue of his performance appraisal¡±, Ä¢¹½ÊÓƵAT noted that these matters had been...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. Ä¢¹½ÊÓƵAT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. Ä¢¹½ÊÓƵAT noted that this delay worked in Mr Nasrallah¡¯s favour, permitting him to benefit from two years¡¯ further service. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submissions were largely a reiteration of his arguments before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s findings that the advice given to the Appellant regarding uncertified sick leave was correct. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s allegation that...

Ä¢¹½ÊÓƵAT held that concern about a high-level manager¡¯s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. Ä¢¹½ÊÓƵAT noted that it was well within the discretion of Ä¢¹½ÊÓƵDT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. Ä¢¹½ÊÓƵAT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in awarding moral damages of USD 25,000. Ä¢¹½ÊÓƵAT held there was no merit in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that there was no breach of Mr Powell¡¯s due process rights at the preliminary investigation stage. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT findings in paragraphs 86 and 106 of the...

Ä¢¹½ÊÓƵAT considered two appeals by Ms Perelli, against judgment Nos. Ä¢¹½ÊÓƵDT/2012/034 and Ä¢¹½ÊÓƵDT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, Ä¢¹½ÊÓƵAT held that these procedural steps were part of her due process entitlements and, to the extent that Ä¢¹½ÊÓƵDT found the Administration to have respected these procedural steps, Ä¢¹½ÊÓƵAT upheld the finding of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. Ä¢¹½ÊÓƵAT held that Ms Perelli was...

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General of judgment Nos. Ä¢¹½ÊÓƵDT/2011/106 and Ä¢¹½ÊÓƵDT/2011/192. Ä¢¹½ÊÓƵAT held that it was satisfied that the Complainant did not share the Applicant¡¯s desire to pursue a sexual relationship and that the Applicant¡¯s conduct was unwelcome. Ä¢¹½ÊÓƵAT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. Ä¢¹½ÊÓƵAT held that the Secretary-General had clear...