Ä¢¹½ÊÓƵ

Mr. Farhadi appealed. Ä¢¹½ÊÓƵAT dismissed the appeal. Ä¢¹½ÊÓƵAT dismissed Mr. Farhadi's request for compensation for the Ä¢¹½ÊÓƵDT's delay in delivering its Judgment within a reasonable timeframe. Ä¢¹½ÊÓƵAT noted that Article 9(1)(b) of the Appeals Tribunal Statute authorises the Appeals Tribunal only to award compensation for harm deriving from an administrative decision, not from a delay in the Ä¢¹½ÊÓƵDT¡¯s proceedings. Ä¢¹½ÊÓƵAT dismissed Mr. Farhadi's contention that the Ä¢¹½ÊÓƵDT shifted the burden of proof. Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT had assessed all the elements of evidence in the record and correctly found that...

Mr. Beda appealed. As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

Ä¢¹½ÊÓƵAT held that the Appellant merely repeated arguments raised before Ä¢¹½ÊÓƵDT regarding the evidence. Ä¢¹½ÊÓƵAT accepted Ä¢¹½ÊÓƵDT¡¯s finding that there was clear and convincing evidence to establish the facts underlying the allegations of misconduct. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT applied the appropriate legal standard, namely clear and convincing evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT heard the evidence of the complainant, other material witnesses, assessed the credibility and reliability of the testimony under oath before it, determined the probable facts and then rendered a decision as to whether the onus to establish the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ms. Caucci¡¯s situation differed from the Ä¢¹½ÊÓƵDT Judgment in Tran Nguyen (Ä¢¹½ÊÓƵDT/2015/002) and therefore it was erroneous for the Ä¢¹½ÊÓƵDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. Ä¢¹½ÊÓƵAT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen...

Ä¢¹½ÊÓƵAT held that the undisputed breach of confidentiality in the selection process provided rational grounds for the cancellation decision. Ä¢¹½ÊÓƵAT held that the fact that the Appellant had access to information about his test score and that he was perhaps seeking to influence the decision through the hiring manager, rendered the selection exercise problematic and unsatisfactory. Ä¢¹½ÊÓƵAT held that the perception was unavoidably created that the Appellant was inappropriately favoured with access to information about a decision concerning his interests and in respect of which he enjoyed no authority...

Request for oral hearing: Given Mr. Toson¡¯s arguments wherein he wishes to contest evidence before the Dispute Tribunal in a manner that would be essentially a rehearing of the evidence, Ä¢¹½ÊÓƵAT held that an oral hearing should not be granted and would not assist in expeditiously and fairly resolving the issues in this appeal. On the merits, Ä¢¹½ÊÓƵAT held that the Dispute Tribunal applied the appropriate standard of review. It reviewed the applicable policy of the Ä¢¹½ÊÓƵFPA for selection processes (the PPM), reviewed the evidence, and determined that the applicable procedures were followed in the...

Ms. Koduru appealed. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in law or fact in concluding that Ms. Koduru¡¯s case was fully and fairly considered. Specifically, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that Ms. Koduru had failed to meet the burden of proof that the decision was based on ulterior motives and a protracted pattern of harassment, as well as to establish a causal link between the alleged incidents and the challenged administrative decision not to renew her fixed-term appointment. Rather, such a decision, as correctly determined by the Ä¢¹½ÊÓƵDT, was a reasonable and proper exercise of the...

Ä¢¹½ÊÓƵAT first explained that under the new reimbursement regime, an expense would be recoverable if: (i) it¡¯s for tuition; (ii) it is paid directly to the school; and (iii) it is certified by the school as being necessary for attendance. Ä¢¹½ÊÓƵAT rejected the staff member¡¯s claim that because another Ä¢¹½ÊÓƵ entity would apply a rule more favorably to his case, that entity¡¯s interpretation should trump over the one given by the organization where he actually works. Second, Ä¢¹½ÊÓƵAT disagreed with the Administration¡¯s approach that if an item in a category of fees was inadmissible, then the Administration...

Ä¢¹½ÊÓƵAT first explained that this is a case where the Ä¢¹½ÊÓƵDT should have held a hearing to determine the states of mind of those persons who decided that the Staff Member should not have been placed on the roster. The Tribunal defined bias as follows: (paras. 29 - 32) "29. Bias is an element of natural justice which examines not only the mind of the decision?maker subjectively, but the manifestation of the process of decision-making examined objectively. Put another way, a decision is not only biased if made by a decision?maker deliberately intending to favour or disadvantage the subject of it for...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the Administration was not legally allowed to consider seniority or career advancement in the selection process. Ä¢¹½ÊÓƵAT held that it was entirely proper to make a choice between two recommended candidates based partly on their respective seniority and time already served at a particular grade. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also erred in essentially reversing the burden of proof by requiring the Secretary-General to show that the factors considered were explicitly provided for in the legal framework rather...