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The Secretary-General appealed Ä¢¹½ÊÓƵDT¡¯s finding that the contested decisions to abolish Ms Nouinou¡¯s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. Ä¢¹½ÊÓƵAT held that there was no administrative decision to terminate Ms Nouinou¡¯s contract prior to its expiration and...

The Ä¢¹½ÊÓƵDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, Ä¢¹½ÊÓƵAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that Ä¢¹½ÊÓƵDT had committed any error of fact or law in arriving at its decision. Ä¢¹½ÊÓƵAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, Ä¢¹½ÊÓƵAT found no reason to differ from the Ä¢¹½ÊÓƵDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...

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...

As a preliminary matter, Ä¢¹½ÊÓƵAT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst Ä¢¹½ÊÓƵAT held that the Appellant failed to identify any errors of law or fact by Ä¢¹½ÊÓƵRWA DT as required under Art 2(1) Ä¢¹½ÊÓƵAT Statute, Ä¢¹½ÊÓƵAT did go on to consider his appeal as he was not represented. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly applied the standard of review for disciplinary cases and that Ä¢¹½ÊÓƵRWA DT¡¯s exercise...

Ä¢¹½ÊÓƵAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. Ä¢¹½ÊÓƵAT waived the deadline for appeal and held the appeal to be receivable. Ä¢¹½ÊÓƵAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before Ä¢¹½ÊÓƵDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant¡¯s claims relating to the use of and access to the closed-circuit television (CCTV) video...

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-948 by Ms Bezziccheri. Ä¢¹½ÊÓƵAT considered Ms Bezziccheri¡¯s claim that ST/AI/2019/1 was unknown to her and Ä¢¹½ÊÓƵAT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of Ä¢¹½ÊÓƵAT can be revised, Ä¢¹½ÊÓƵAT held that the fact that ST/AI/2019/1 was known to Ä¢¹½ÊÓƵAT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, Ä¢¹½ÊÓƵAT noted that ST/AI/2019/1 was not determinative of Ms...

The Applicant sought revision of judgment 2019-Ä¢¹½ÊÓƵAT-944 pursuant to Article 11(1), which sets out strict and exceptional criteria that must be met. The Applicant alleged he became aware, in January 2020, that the Inspector General¡¯s Office (IGO) of Ä¢¹½ÊÓƵHCR had not made a finding on whether the hiring manager¡¯s conduct amounted to misconduct. The Applicant contended that the Respondent had made misleading comments to Ä¢¹½ÊÓƵAT, which led the latter to erroneously conclude that the IGO had investigated and determined that no misconduct had occurred. In addition, the Applicant sought leave to submit...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s language, which was strongly critical of the Appellant, was unwarranted. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration¡¯s discretion, as the Appellant no longer met the requirements for it. Ä¢¹½ÊÓƵAT held that the discontinuation of the SPA was justified in view of the Administration¡¯s obligation and right to correct such an erroneous situation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by Ä¢¹½ÊÓƵAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required Ä¢¹½ÊÓƵAT to revise its judgment. Ä¢¹½ÊÓƵAT held that neither the remand order of Ä¢¹½ÊÓƵAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

Ä¢¹½ÊÓƵAT considered an application for execution of judgment No. 2017-Ä¢¹½ÊÓƵAT-798 by Mr. Dibs. Ä¢¹½ÊÓƵAT granted in part the application for execution of judgment and ordered Ä¢¹½ÊÓƵRWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. Ä¢¹½ÊÓƵAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.