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Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT correctly concluded that the application was non-receivable ratione materiae. Ä¢¹½ÊÓƵAT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, Ä¢¹½ÊÓƵAT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the lack of the nationality requirement on the Appellant¡¯s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, Ä¢¹½ÊÓƵAT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that the Administration¡¯s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. Ä¢¹½ÊÓƵAT noted that the phrase ¡°suitable posts¡± is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

Ä¢¹½ÊÓƵAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. Ä¢¹½ÊÓƵAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in finding that the Appellant¡¯s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that the application contesting the decision to recover overpayments was not receivable ratione temporis was correct since the Appellant waited nearly two years until filing his application to the Ä¢¹½ÊÓƵDT, which was clearly outside the time limit. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the Appellant¡¯s application against the decision to reject retroactive payment of dependency allowance for his adopted children was not receivable ratione materiae because the Appellant failed to request management evaluation within the time limits provided in Staff Rule 11. 2. Ä¢¹½ÊÓƵAT dismissed the...

Ä¢¹½ÊÓƵAT held that requesting management evaluation was a mandatory first step. Ä¢¹½ÊÓƵAT found that that the Personnel Action forms could not be construed as adequately notifying the Appellant of the relevant administrative decision to process his retirement and separation from service. Ä¢¹½ÊÓƵAT held that the memorandum that gave instructions pertaining to the Appellant¡¯s separation from service and repatriation to his home country triggered the time limit to seek management evaluation. Ä¢¹½ÊÓƵAT held that the Appellant failed to seek a management evaluation within that time. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it found that there was a breach of Mr Elobaid¡¯s due process rights, as Mr Elobaid was correctly apprised of the allegations against him, which could lead to administrative action, and was afforded the opportunity to make representations against the measure taken. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in fact, resulting in a manifestly unreasonable decision, when it assumed that the reprimand originated from Mr Ward, of the Chief Programme Support and Management Services at the Office of the High Commissioner for Human Rights, who...

Ä¢¹½ÊÓƵAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by Ä¢¹½ÊÓƵAT by establishing the critical facts as instructed. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT's conclusions were consistent with the evidence. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant failed to establish that the decision not to...

MOn the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the application was receivable in its entirety, as each of the three decisions taken on ALWOP were distinct and the Appellant failed to seek management evaluation of the first and second decisions. Ä¢¹½ÊÓƵAT held the application was only receivable ratione materiae in respect of the third and last decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that no exceptional circumstances existed to warrant the extension of the Appellant¡¯s ALWOP was a material error of law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that 12 months ALWOP was...