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Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, Ä¢¹½ÊÓƵAT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. Ä¢¹½ÊÓƵAT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

Ä¢¹½ÊÓƵAT held, agreeing with Ä¢¹½ÊÓƵDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. Ä¢¹½ÊÓƵAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. Ä¢¹½ÊÓƵAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s application for an oral hearing. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not committed an error of procedure by denying the Appellant an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before Ä¢¹½ÊÓƵDT with specific consideration of the following: Ä¢¹½ÊÓƵDT¡¯s denial of the proceedings to be conducted in French; Ä¢¹½ÊÓƵDT¡¯s dismissal of objections to English translations in the application and other documents, Ä¢¹½ÊÓƵDT¡¯s issuance of its judgment before having the Secretary-General¡¯s reply...

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s motion for additional pleadings on the basis that exceptional circumstances were not demonstrated. Ä¢¹½ÊÓƵAT held that, contrary to the Appellant¡¯s reasoning, fact-finding panels do not fall in the category of technical bodies under Staff Rule 11. 2(b), nor has the Secretary-General designated fact-finding panels established under ST/SGB/2008/5 as technical bodies. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s finding that the request for management evaluation was a mandatory first step in the judicial process. Ä¢¹½ÊÓƵAT held that the Appellant did not apply for management evaluation as required...

Ä¢¹½ÊÓƵAT considered an application to Ä¢¹½ÊÓƵAT contesting the Conciliation Committee¡¯s decision to recommend compensation of USD 35,000. Ä¢¹½ÊÓƵAT dismissed the motion of Ms Cohen seeking reconsideration of a Ä¢¹½ÊÓƵAT Order granting the ICJ Registrar additional time to file his answer. On Ms Cohen¡¯s application for permission to reply to the ICJ Registrar¡¯s answer on the grounds that neither the ICJ Registrar nor the Conciliation Committee addressed the testimony on record in their decisions, Ä¢¹½ÊÓƵAT considered that exceptional circumstances existed and granted the motion. Ä¢¹½ÊÓƵAT held that, absent a successful...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in reopening a matter that had already been the subject of a final judgment of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT considered that Ä¢¹½ÊÓƵDT exceeded its competence and erred in law by making its own determination of Mr Sarwar¡¯s harassment complaint, emphasising that the role of the Tribunal is not to substitute its own decision for that of the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it rescinded the contested decision to close the matter underlying the Appellant¡¯s formal complaint, and when it ruled that there was no need for a new...

Ä¢¹½ÊÓƵDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. Ä¢¹½ÊÓƵAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT found no reason to differ from Ä¢¹½ÊÓƵDT¡¯s conclusion. Ä¢¹½ÊÓƵAT found that the applicable procedural requirements were followed, and the evidence did not supersede the presumption of regularity of the administrative decision. Ä¢¹½ÊÓƵAT further noted that the Appellant was afforded full and fair consideration and that he failed to establish any bias by the members of the panel. Ä¢¹½ÊÓƵAT also held that the Appellant forewent the required procedures for filing complaints of discrimination and failed to provide evidence that he was the target of the restructuring exercise or that it...

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...

Both parties appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct regarding the non-receivability ratione materiae with respect to the first three decisions. Ä¢¹½ÊÓƵAT, however, disagreed with Ä¢¹½ÊÓƵDT¡¯s finding that the Administration had unlawfully delayed check-out, including his final payments and the submission of the required forms for his pension, since the period of three and a half months which was taken by the Administration to investigate and proceed with Mr Nchimbi¡¯s ¡°check-out¡± was not unreasonable in the given circumstances. Ä¢¹½ÊÓƵAT upheld the Secretary-General's appeal and dismissed Mr Nchimbi¡¯s...