Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that no reasonable or objective analysis of Mr Luvai¡¯s submissions to management, prior to his application to Ä¢¹½ÊÓƵDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai¡¯s firearm licence, Ä¢¹½ÊÓƵDT exceeded its competence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT...

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 was persuaded for reasons of equity and good faith by the Appellant¡¯s arguments rather than those put forward by the Secretary-General, although it did not accept the entirety of the Appellant¡¯s arguments on the discontinuation issue. Ä¢¹½ÊÓƵAT held that in failing to give due consideration to the arguments raised by the Appellant regarding the years 1989 to 1997, Ä¢¹½ÊÓƵDT erred in law in retroactively applying former Staff Rule 104. 3 set forth in ST/SGB/2003/1 to the entirety of his service. Ä¢¹½ÊÓƵAT held that the Appellant was entitled to rely on the statutory provisions in force when he last...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. Ä¢¹½ÊÓƵAT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. Ä¢¹½ÊÓƵAT held that Mr Hajdari never challenged his separation from service from Ä¢¹½ÊÓƵMIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. Ä¢¹½ÊÓƵAT held that Mr Hajdari¡¯s...

On the Appellants¡¯ motion for contempt and request to strike specific paragraphs from the Respondent¡¯s Answer, Ä¢¹½ÊÓƵAT found no basis to grant the relief sought but stated it would deal with the issue in the judgment. On the Appellants¡¯ complaints about the number of witnesses permitted to testify, Ä¢¹½ÊÓƵAT held that: insofar as the Appellants¡¯ sought to impugn the Ä¢¹½ÊÓƵDT judgment on the basis of the number of witnesses permitted to testify, there was no merit in such an argument and it found no error of procedure such as to affect the decision in the case; and there was no merit in the argument that...

Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵDT/2013/151 by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s motion to redact those paragraphs of the impugned judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by Ä¢¹½ÊÓƵAT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. Ä¢¹½ÊÓƵAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). Ä¢¹½ÊÓƵAT upheld the appeal, vacated and modified the Ä¢¹½ÊÓƵDT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant¡¯s application for mobility allowance.

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the Administration properly exercised its discretion to place the Applicant on administrative leave, considering an enduring reputational risk in light of the allegations relating to sexual abuse and exploitation of an under-age girl, which were reasonably supported by the evidence. Ä¢¹½ÊÓƵAT held that the new Staff Rule 10. 4(c), which had not yet been enacted at the relevant time, was not applicable to the Applicant¡¯s misconduct. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s factual findings were open to criticism in that...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined the Appellants¡¯ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants¡¯ argument that Ä¢¹½ÊÓƵAT had erred previously in establishing the criteria in permanent appointment conversion cases, Ä¢¹½ÊÓƵAT noted that they were effectively requesting a revision of two previous Ä¢¹½ÊÓƵAT judgments and held that they were time-barred from doing so. Ä¢¹½ÊÓƵAT held that the criteria in permanent appointment conversion cases, as previously...