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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC¡¯s power. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant¡¯s terms of employment ¡°specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM¡±. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had properly observed that an ¡°incomplete application may therefore be one which is missing...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in fact or law in its determination that the applicable Information Circular did not entitle the Appellant to an EOSA, nor was it contrary to a higher legal norm. Ä¢¹½ÊÓƵAT noted that the facts of the case showed that her resignation did not fulfil the conditions required by the quoted circular. Ä¢¹½ÊÓƵAT specifically noted how the resignation was taken knowing the risks involved and caused the break in service, which determined the ineligibility for collecting the allowance claimed for, acknowledging that the Appellant was requesting an exception from the regulations to...

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...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. Ä¢¹½ÊÓƵAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the question of whether Ä¢¹½ÊÓƵDT erred in finding that the five years¡¯ experience requirement was arbitrary and not based on any proper consideration, Ä¢¹½ÊÓƵAT held that, absent any proper legal or factual basis upon which to impugn the five years¡¯ experience requirement, Ä¢¹½ÊÓƵDT had no function in substituting its judgment for that of the Administration in determining the criteria for the selection of S-3 officers, and in doing so, Ä¢¹½ÊÓƵDT erred in law resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in deeming the...

The Ä¢¹½ÊÓƵDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, Ä¢¹½ÊÓƵAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that Ä¢¹½ÊÓƵDT had committed any error of fact or law in arriving at its decision. Ä¢¹½ÊÓƵAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, Ä¢¹½ÊÓƵAT found no reason to differ from the Ä¢¹½ÊÓƵDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...

Ä¢¹½ÊÓƵAT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. Ä¢¹½ÊÓƵAT held that while the absence of a response to a staff member¡¯s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. Ä¢¹½ÊÓƵAT held that in the...

The Judges of the Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT were not appointed by the IJC whose mandate was to identify suitable candidates for recommendation to the General Assembly. The Judges were elected by the General Assembly on 2 March 2009 and that process involved the participation of nearly 190 Member States of the United Nations. This guaranteed their independence. The Applicant¡¯s averment of lack of impartiality was based on the fact that the Judges of the Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT were selected by the IJC. The Applicant made general accusations of potential bias but did not give any precision on how this bias on the...