Ä¢¹½ÊÓƵAT held that the contested Memorandum was not an administrative decision as the Appellant failed to identify how it was affecting her terms or conditions of appointment. Ä¢¹½ÊÓƵAT held that the contested Memorandum concerned a general delegation of authority and, therefore, was a decision of general application.
Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion to proceed by summary judgment lawfully and appropriately.
Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT erred when it decided that the Appellant¡¯s application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT noted that the case was almost identical to Osama Abed & Eman Abedv. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (Judgment No. 2022-Ä¢¹½ÊÓƵAT-1297). Consistent with this Judgment, Ä¢¹½ÊÓƵAT held that the placement of a letter reminding the Appellant of her obligation to behave at all times in a manner...
The Ä¢¹½ÊÓƵAT dismissed both the appeal and the cross-appeal.
As to the Secretary-General's cross-appeal against the Ä¢¹½ÊÓƵDT's decision on receivability, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT was correct not to dismiss the claims as unreceivable, but to investigate their merits.
Turning to the merits, the Ä¢¹½ÊÓƵAT noted that death benefits under the Rules are not payable to beneficiaries nominated by a staff member, but to designated beneficiaries as defined by the Staff Rules (i.e. the surviving spouse or dependent children). The Ä¢¹½ÊÓƵAT found that Mr. Oming survived Ms. Oming and the substantial preponderance of...
The Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.
The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not commit any errors when it found that the staff member¡¯s application was irreceivable ratione materiae.
The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when Ä¢¹½ÊÓƵICEF accepted his resignation. His request for management...
The Ä¢¹½ÊÓƵAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.
The Ä¢¹½ÊÓƵAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal¡¯s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.
The Ä¢¹½ÊÓƵAT noted that, given the delay in execution and in the...
Ä¢¹½ÊÓƵAT held that the Administration¡¯s decision to suspend the consideration of initiating a disciplinary process and instead resume it should the Appellant become reemployed by the Organization in the future, did not constitute an appealable administrative decision for the purpose of Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute, as it did not produce a present and direct adverse impact on Ms. Mugo¡¯s terms or conditions of appointment.
Ä¢¹½ÊÓƵAT held that all the Administration did was inquire if the Appellant was prepared to cooperate in a disciplinary process. Therefore, as no written allegations were ever...
The Ä¢¹½ÊÓƵAT held that the OAI recommendation in its investigation report that disciplinary action should be taken against the staff member did not constitute an administrative decision. Moreover, the recommendation of OAI was not a ¡°decision¡±. It was an intermediate recommendation and thus did not have a direct, legal or adverse effect. The Ä¢¹½ÊÓƵAT found that, likewise, the decision that there was insufficient evidence to charge the staff member with misconduct did not constitute an administrative decision because it did not have an adverse impact on his rights under the contract of employment. The...
The Ä¢¹½ÊÓƵAT held that the staff member was responsible for having agreed that the Ä¢¹½ÊÓƵDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the Ä¢¹½ÊÓƵDT could nevertheless have held a hearing. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The Ä¢¹½ÊÓƵDT was entitled to conclude that this was an...
The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez's appeal. The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez¡¯s argument of apprehension of partiality of the hiring manager claiming that there was an improper motive to unfairly eliminate him. The Appeals Tribunal found that the mere fact that the hiring manager was involved in two selection exercises in which Mr. Ponce-Gonzalez was not successful did not indicate any partiality, but rather a regular exercise of the Administration¡¯s routine of selecting candidates for advertised positions. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in finding no irregularity in...
The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The Ä¢¹½ÊÓƵAT agreed with the finding of the Ä¢¹½ÊÓƵDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The Ä¢¹½ÊÓƵAT further found that given the nature and the specific facts surrounding Mr. Reiterer¡¯s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...
