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Mr. Kuate appealed. Ä¢¹½ÊÓƵAT dismissed Mr. Kuate's contention that there was no basis until 1 April 2019, date of the final divorce decision, for the recovery of the allowances on grounds that the Cameroonian judgments were not final until that date. Ä¢¹½ÊÓƵAT found that Order No. 791 contained an enforceability clause and therefore the measures provided in that order went into force with immediate effect. Consequently, Mr. Kuate and his wife legally separated on 26 November 2015 when the order was issued. Also, on the basis of this order, from this day on Mr. Kuate had legal custody for (only) two of...

As a preliminary issue, Ä¢¹½ÊÓƵAT held that the new evidence attached to the cross-appeal by the Respondent (the Appellant on Cross-Appeal and the Applicant before Ä¢¹½ÊÓƵDT) was not admissible. On the receivability of the cross-appeal, Ä¢¹½ÊÓƵAT held that it was not receivable since the Respondent was the prevailing party at the first instance level and he does not claim to broaden the order of Ä¢¹½ÊÓƵDT, but just to maintain it by means of an additional argument that has already been rejected by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in its judgment, although Ä¢¹½ÊÓƵAT differed in its reasoning. Ä¢¹½ÊÓƵAT held that the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the Ä¢¹½ÊÓƵAT RoP. Ä¢¹½ÊÓƵAT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. Ä¢¹½ÊÓƵAT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed Ä¢¹½ÊÓƵ Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...

As a preliminary matter, Ä¢¹½ÊÓƵAT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General¡¯s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, in exercising judicial review, may interfere with the exercise of the Secretary-General¡¯s discretion in disciplinary proceedings against a staff member on the ground...

Ä¢¹½ÊÓƵAT held that the Appellant had only presented arguments challenging the Administration¡¯s behaviour and the decision to terminate her contract with Ä¢¹½ÊÓƵMIK. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate how Ä¢¹½ÊÓƵDT, by judging the application not receivable and dismissing it on this ground, could have exceeded its jurisdiction, failed to exercise it, made an error of law or procedure, or made an error of fact that resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly dismissed the application as not receivable since the request for administrative review had...

Ä¢¹½ÊÓƵAT held that the Appellant failed to explain how Ä¢¹½ÊÓƵDT exceeded or failed to exercise its jurisdiction or competence, erred on a question of law or procedure, or erred on a question of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT recalled that the Ä¢¹½ÊÓƵDT Statute precluded Ä¢¹½ÊÓƵDT from suspending or waiving the deadlines for management evaluation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was therefore correct in concluding that the application was not receivable and to reject it on that basis. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT Judgment.

Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. Ä¢¹½ÊÓƵAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, Ä¢¹½ÊÓƵAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that the issues raised on appeal did not require further clarification. Ä¢¹½ÊÓƵAT rejected the submission from the Secretary-General that the appeal was time-barred since the appeal was a corrected appeal and, therefore, conform to the requirements of Article 8 of the Ä¢¹½ÊÓƵAT RoP. Ä¢¹½ÊÓƵAT held that the Appellant had failed to identify one of the five grounds of appeal which could give legal basis to her appeal and that her arguments were the same made before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish how Ä¢¹½ÊÓƵDT had erred on questions of...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish that Ä¢¹½ÊÓƵDT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General¡¯s answer. Ä¢¹½ÊÓƵAT held that the observations would not be taken into consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant¡¯s contention about the quantum of compensation, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was in the best position to decide on the level of compensation given its...