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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in determining that the contested decision was unlawful. Ä¢¹½ÊÓƵAT held that there was no merit to the Secretary-General¡¯s claim that the staff member could not challenge the decision not to reinstate him because he had entered a binding contract with the Administration when he signed the offer of appointment or the letter of appointment, both of which were silent about reinstatement. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that the reinstatement was not foreclosed by the absence of a reference...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. Ä¢¹½ÊÓƵAT held that the adverse effect on Mr Alobwede was not supported by evidence. Ä¢¹½ÊÓƵAT held that the ICTR Registrar¡¯s decision was lawful, and Ä¢¹½ÊÓƵDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in the level of award. Ä¢¹½ÊÓƵAT held that the Secretary...

Ä¢¹½ÊÓƵAT considered the motion for execution of judgment No. 2013-Ä¢¹½ÊÓƵAT-359. Ä¢¹½ÊÓƵAT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, Ä¢¹½ÊÓƵAT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. Ä¢¹½ÊÓƵAT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were...

Ä¢¹½ÊÓƵAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and Ä¢¹½ÊÓƵAT, therefore, upheld the findings of Ä¢¹½ÊÓƵDT on this point. On compensation, Ä¢¹½ÊÓƵAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. Ä¢¹½ÊÓƵAT held that the Administration¡¯s offer of USD 1,000 was...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make an error of law in concluding that the Appellant¡¯s application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that there was no implied administrative decision to challenge at the time the Appellant filed his judicial review application and that his application was also not receivable on that basis. Ä¢¹½ÊÓƵAT found no errors of fact or law by Ä¢¹½ÊÓƵDT in awarding costs against the Appellant. Ä¢¹½ÊÓƵAT held that the Appellant was well-aware of his obligation to comply with Staff Rule 11.2(a), yet he: (a) intentionally failed to seek management...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the Ä¢¹½ÊÓƵFPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to Ä¢¹½ÊÓƵFPA. Ä¢¹½ÊÓƵAT rejected Ä¢¹½ÊÓƵDT¡¯s finding that the timing of the decision to terminate the Appellant¡¯s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. Ä¢¹½ÊÓƵAT held that it would be unreasonable to require the Administration to restart the termination...

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...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. Ä¢¹½ÊÓƵAT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion that the application was receivable was without legal basis as was its award of compensation. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found the decision to deny Mr Nartey¡¯s request to grant him a lien on his post was an abuse of authority. Ä¢¹½ÊÓƵAT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it concluded that the impugned decision was retaliatory. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT had before it three decisions of the Conciliation Committee: the first regarding the establishment of two inquiry panels, Panel One and Panel Two; the second in respect of the decision to place the Appellant on administrative leave with pay, and the third concerning the decision to separate her from service. As a preliminary matter, Ä¢¹½ÊÓƵAT did not admit to the case file two motions submitted by the Appellant subsequent to the issuance of judgment No. 2015-Ä¢¹½ÊÓƵAT-531, as Ä¢¹½ÊÓƵAT held that the documents that she sought to adduce would not assist Ä¢¹½ÊÓƵAT with its consideration on the merits. By way of...