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Ä¢¹½ÊÓƵAT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Gido¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly rejected Mr Gido¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held that Mr...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not exceed its jurisdiction by confirming that an appeal against the Order had no suspending effect and issuing a judgment on the merits while an appeal against the contested order was still pending with Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in declining to hold an additional case management discussion or to consider additional evidence as the Appellant failed to provide an adequate and convincing reason why his requests for further evidence or new case management discussion were not made earlier in the process as well as the relevancy of the evidence on the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. Ä¢¹½ÊÓƵAT held that, regarding the question of whether Ä¢¹½ÊÓƵDT failed to address the Appellant¡¯s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that Ä¢¹½ÊÓƵDT erred in fact or in law about this issue. Ä¢¹½ÊÓƵAT held, however, that Ä¢¹½ÊÓƵDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr. D R-B, given that the selected...

Ä¢¹½ÊÓƵAT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. Ä¢¹½ÊÓƵAT noted that the Appellant had had access to the Inspira Applicant¡¯s Manual and World Higher Education Database, which was embedded into Inspira. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that Ä¢¹½ÊÓƵDT failed to implement the Ä¢¹½ÊÓƵAT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in attaching no weight to the medical evidence and in finding that the disciplinary measure imposed was based on an incorrect determination of the nature and gravity of the assault. Ä¢¹½ÊÓƵAT held that there were other more important factors to consider, including the fact that the Appellant was a staff member in charge of local security and that his conduct was an abuse of authority and oppressive of a local inhabitant. Ä¢¹½ÊÓƵAT recalled that the test of proportionality required a comparison between the misconduct and the sanction, not the investigation and disciplinary...

Ä¢¹½ÊÓƵAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before Ä¢¹½ÊÓƵDT for its consideration, Ä¢¹½ÊÓƵAT should not consider them. Ä¢¹½ÊÓƵAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant¡¯s fixed-term appointment. Ä¢¹½ÊÓƵAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

Ä¢¹½ÊÓƵAT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant¡¯s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of law or fact in dismissing the Appellant¡¯s challenge of the decision not to consider or select him for the position. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the...

On the Applicant¡¯s claim that Ä¢¹½ÊÓƵDT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusions were consistent with the evidence. Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the...

On the Appellant¡¯s claim that the Ä¢¹½ÊÓƵDT Judge was biased, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s specific allegations were not made out and any missteps in the conduct of the hearing did not warrant interference with the result. On the Appellant¡¯s claim that his supervisor harassed him to the extent that his actions were mitigated substantially, Ä¢¹½ÊÓƵAT held that even if the Appellant established that there was a dysfunctional relationship between him and his supervisor, this could not have had the effect of mitigating his actions significantly, such were the scale and duration of his misconduct. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵDT did not err in law or in fact when it found that the decision to abolish the post was lawful. However, in not providing reasons for its decision to commute the six-month notice period into compensation, the Organisation failed in its duty to demonstrate that its discretion was not exercised arbitrarily, capriciously, or unlawfully. The Administration failed to meet its burden to minimally demonstrate that the Appellant was given full and fair consideration. The Administration acted arbitrarily and thus failed to exercise its discretion lawfully. The termination of the Appellant¡¯s...