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The Appeals Tribunal found, in relation to the first application, that Ms. Said has produced no evidence of harm, much less of harm caused by an illegality, and therefore the request for damages was denied.

As to the second application, the Appeals Tribunal found that the investigation had been closed with no action taken, and no adverse material from that investigation had been placed in Ms. Said¡¯s Official Status File. In the absence of an appealable administrative deciison, the Appeals Tribunal was satisfied that the Ä¢¹½ÊÓƵRWA DT was correct in finding that the second application was not...

As a preliminary matter, the Appeals Tribunal found that Mr. Radu had failed to demonstrate exceptional circumstances to support his request for anonymity and accordingly dismissed his request.

The Appeals Board dismissed Mr. Radu¡¯s appeal in relation to Appeals Board Decision No. 1. The Appeals Tribunal found that even if the Staff Rule was to be interpreted as to require consultation with the Medical Clinic at that time, the Organization¡¯s failure to abide by the Staff Rule would not render the decision void ab initio.

Turning to the appeal against Appeals Board Decision No. 2 to...

The Appeals Tribunal found that the paucity of positive comments, compared with the overwhelmingly negative comments rendered Ms. Haydar¡¯s performance evaluation an ¡°administrative decision¡± with a direct adverse impact on her employment. The Appeals Tribunal thus found that the Ä¢¹½ÊÓƵDT did not err in finding her application receivable.

Turning to the merits of the application, the Appeals Tribunal found that by characterizing Ms. Haydar¡¯s performance as ¡°successfully meets performance expectations¡±, the Administration precluded her from contesting the appraisal through the rebuttal process...

The Appeals Tribunal found, in relation to Mr. Qasem¡¯s exclusion from consideration for the Acting Head position, that the Ä¢¹½ÊÓƵRWA DT erred in finding Mr. Qasem¡¯s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem¡¯s application from consideration, this irregularity had no impact on the selection decision. Considering Mr. Qasem¡¯s performance, administrative and...

The Ä¢¹½ÊÓƵAT considered the central tenet of the staff member¡¯s case, which was that he held the necessary academic qualifications for the role, but that the selected candidate did not. The Ä¢¹½ÊÓƵAT concluded that the educational specifications in the job vacancy announcement were a minimum threshold, but not the determining factor in the selection. The Ä¢¹½ÊÓƵAT held that both the staff member and the selected candidate met the threshold academic qualifications, even though they obtained them by different means. The Ä¢¹½ÊÓƵAT rejected the claim that the ITLOS should not have taken into account that the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly identified Ä¢¹½ÊÓƵDP as the respondent in the present case because it was Ä¢¹½ÊÓƵDP that administered the staff member¡¯s position and was therefore his employer. The Ä¢¹½ÊÓƵAT found that the staff member¡¯s application was premature because he filed it before receiving the management evaluation response, or at least before the expiration of the delay for receiving that response. The Ä¢¹½ÊÓƵAT also concluded that the management evaluation response did not constitute the contested administrative decision.

The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Judgment No. Ä¢¹½ÊÓƵDT/2023/036...

The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT did not err in holding that the Hiring Manager had correctly assessed that the certificates the selected candidate had listed in her Personal History Profile (PHP) were equivalent to a Lean Six Sigma (LSS) Certification. One of the educational requirements for the position was the LSS certification or an ¡°equivalent certification¡±. In the present case, the Ä¢¹½ÊÓƵDT correctly concluded that the Hiring Manager had properly assessed that the certificates the selected candidate had listed in her PHP were equivalent to an LSS certification, as required for...

The Ä¢¹½ÊÓƵAT noted that the staff member¡¯s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent¡¯s fees.

The Ä¢¹½ÊÓƵAT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...

The Ä¢¹½ÊÓƵAT held that, Mr. Lago¡¯s reliance on additional evidence without filing a motion, was inadmissible.

The Ä¢¹½ÊÓƵAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored. Additionally, Mr. Lago¡¯s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision.

The Ä¢¹½ÊÓƵAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...

The Ä¢¹½ÊÓƵAT rejected the new arguments and evidence submitted to the Appeals Tribunal for the first time that were aimed to show that Mr. El-Anani had not read the attachment of the e-mail that communicated the disciplinary sanction.

The Ä¢¹½ÊÓƵAT confirmed that, the two Microsoft Outlook notification records acknowledged by Mr. El-Anani indicated that the contested decision had been delivered to and read by him on 28 March 2023 and that he was therefore required to file his application with the Ä¢¹½ÊÓƵDT by no later than 26 June 2023. Since Mr. Al-Anani did not file the application until 28 June 2023...