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As a preliminary matter, Ä¢¹½ÊÓƵAT considered the Appellant¡¯s daughters applications for intervention which argued that they had been deprived of their right to education due to their mother¡¯s arbitrary separation from service, as their mother lost her only main source of income, including the education grant, and could not support their education. Ä¢¹½ÊÓƵAT held that, pursuant to Article 3(1) of the Ä¢¹½ÊÓƵDT Statute, the daughters did not fall within the categories of persons who had the standing to intervene, and denied the applications for intervention. On the merits, Ä¢¹½ÊÓƵAT held that the Appellant failed...

As a first preliminary matter, Ä¢¹½ÊÓƵAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. Ä¢¹½ÊÓƵAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant¡¯s own motions and Ä¢¹½ÊÓƵAT would not have asked her to disclose such information. Ä¢¹½ÊÓƵAT denied the motion. As a second preliminary matter, Ä¢¹½ÊÓƵAT considered a motion to respond to the Respondent¡¯s observations on a motion. Ä¢¹½ÊÓƵAT held that its RoP did...

Ä¢¹½ÊÓƵAT considered an appeal of Order No. 079. Ä¢¹½ÊÓƵAT held that, regardless of whether Ä¢¹½ÊÓƵDT may have committed an error of law, fact, or procedure, Article 2(2) of the Ä¢¹½ÊÓƵDT Statute precluded an appeal to Ä¢¹½ÊÓƵAT if Ä¢¹½ÊÓƵDT acted within its jurisdiction or competence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT acted within its jurisdiction or competence. Ä¢¹½ÊÓƵAT held that the appeal was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Order.

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Mezyed. As a preliminary matter, Ä¢¹½ÊÓƵAT denied Mr. Mezyed¡¯s request for an oral hearing. Turning to the merits of the appeal, Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed¡¯s failure to submit an acceptable written explanation for his failure to report, Ä¢¹½ÊÓƵAT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the Ä¢¹½ÊÓƵRWA DT could not...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT held that the Appellant failed to discharge his burden of showing that the Ä¢¹½ÊÓƵDT Judgment was defective or identifying grounds for appeal. In addition, Ä¢¹½ÊÓƵAT held there was no basis for vacating the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that the Appellant did not specifically contest the Ä¢¹½ÊÓƵDT¡¯s findings on receivability and that receivability was not therefore an issue before it. Ä¢¹½ÊÓƵAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that Ä¢¹½ÊÓƵDT erred in its...

Ä¢¹½ÊÓƵAT held Ä¢¹½ÊÓƵDT erred in law with regard to its finding that the second decision to renew the Appellant¡¯s fixed-term appointment superseded the first decision to renew his appointment (the challenged decision). Nevertheless, Ä¢¹½ÊÓƵAT held that this finding was not dispositive of the appeal in the Appellant¡¯s favour, as his application was not receivable on the grounds of another basis of mootness. Ä¢¹½ÊÓƵAT held that the contested decision to renew his fixed-term appointment by three months instead of two years did not constitute an appealable administrative decision for the simple reason that the...

Ä¢¹½ÊÓƵAT considered an application for revision of Judgment No. 2020-Ä¢¹½ÊÓƵAT-1055. Ä¢¹½ÊÓƵAT found that none of the three new facts sought to be relied on by the applicant could have changed the outcome in any decisions entered against him in the Ä¢¹½ÊÓƵRWA DT, and this test being one of four, all of which must exist for a judgment to be revised, Mr. Zaqqout¡¯s application was dismissed.

The Secretary-General of IMO is essentially seeking comments on the Ä¢¹½ÊÓƵAT judgment under the guise of an application for interpretation, something Ä¢¹½ÊÓƵAT expressly proscribed in Kasmani. The Ä¢¹½ÊÓƵAT¡¯s Fogarty Judgment clearly and unambiguously explicates the nature of the difficulty in a manner that requires no further interpretation. There is no ambiguity, uncertainty or irreconcilable conflict on the question remanded or the reasons for the remand or in the comments in paragraph 25 of the Fogarty Judgment that justifies an application for interpretation. While the applications for...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General was correct to bide his time and to await the outcome on the merits before determining whether an appeal was necessary. Ä¢¹½ÊÓƵAT held that the appeal of the Secretary-General was not time-barred. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that Mr. Arango was a former staff member for the purposes of founding jurisdiction over the instant application: At the time of the contested decision not to select him Mr. Arango had been separated from service for more than two years, was no longer a staff member in the...

Ä¢¹½ÊÓƵAT held that the facts upon which Ä¢¹½ÊÓƵRWA based its decision were established, in full respect of his due process rights. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of Ä¢¹½ÊÓƵRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. Ä¢¹½ÊÓƵAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...