Ä¢¹½ÊÓƵ

Mr. Abdalla filed an application for revision and interpretation of Judgment No. 2021-Ä¢¹½ÊÓƵAT-1078, claiming that the filing of the Secretary-General¡¯s appeal had a suspensive effect on the ongoing proceedings in the Ä¢¹½ÊÓƵDT, that therefore the extended time limit to file an application would not have elapsed, and thus his ultimate application should be received; and that once Ä¢¹½ÊÓƵAT had dismissed the Secretary-General's appeal, it should have remanded the case for further adjudication. Ä¢¹½ÊÓƵAT found that Mr. Abdalla had failed to point to any statement or consideration in the Ä¢¹½ÊÓƵAT Judgment which would...

The only issue on appeal is whether the Ä¢¹½ÊÓƵDT judgment¡¯s orders on in-lieu compensation and compensation for moral harm are free of error. In the present case, the Ä¢¹½ÊÓƵDT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the Ä¢¹½ÊÓƵDT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

The Ä¢¹½ÊÓƵDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the Ä¢¹½ÊÓƵDT committed several errors of law, its main finding is not put into doubt by the Secretary-General¡¯s appeal. Therefore, in this respect, the Secretary-General¡¯s appeal cannot succeed. Ä¢¹½ÊÓƵDT's finding that Ä¢¹½ÊÓƵ-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

The essential question for determination on appeal is whether the Ä¢¹½ÊÓƵDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...

As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed the appeals of two staff members who were not a party to the proceedings before the Ä¢¹½ÊÓƵDT and had no standing. On the merits, Ä¢¹½ÊÓƵAT held that there was a reviewable administrative decision within the meaning of Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred finding that the announcement by the USG/DGACM dated 8 April 2021 that the daily workload of translators would be increased to 5.8 pages and of self-revisers to 6.4 pages, was not an appealable administrative decision for the purpose of Article 2(1) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT held that the Appellant merely repeated arguments raised before Ä¢¹½ÊÓƵDT regarding the evidence. Ä¢¹½ÊÓƵAT accepted Ä¢¹½ÊÓƵDT¡¯s finding that there was clear and convincing evidence to establish the facts underlying the allegations of misconduct. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT applied the appropriate legal standard, namely clear and convincing evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT heard the evidence of the complainant, other material witnesses, assessed the credibility and reliability of the testimony under oath before it, determined the probable facts and then rendered a decision as to whether the onus to establish the...

Mr. Lucchini and the Secretary-General disagreed on whether Ä¢¹½ÊÓƵAT confirmed the Ä¢¹½ÊÓƵDT¡¯s award of compensation for moral damages, in addition to increasing the amount of in lieu compensation from 10 months to 24 months, or ordered payment of the increased amount of compensation in lieu (of two years¡¯ net base salary) but did not include the original award of compensation for moral harm that had been ordered by the Ä¢¹½ÊÓƵDT. Mr. Lucchini filed an application for interpretation seeking confirmation of his view that Ä¢¹½ÊÓƵAT¡¯s ruling increased the amount of in lieu compensation from 10 to 24 months¡¯ net...

The Secretary-General sought interpretation, revision, and execution of Judgment No. 2021-Ä¢¹½ÊÓƵAT-1118, on grounds that he was unable to effectuate the compensation awarded in the Ä¢¹½ÊÓƵDT Judgment because Mr. Dieng refused to provide his banking details. Ä¢¹½ÊÓƵAT held that the Judgment was clear, written in plain and unambiguous language, and it left no reasonable doubt as to what it meant. Thus, there was no need for clarification. Ä¢¹½ÊÓƵAT further found that the Secretary-General had failed to argue that he had discovered a decisive fact which was unknown to the Appeals Tribunal at the time the Judgment...

Ä¢¹½ÊÓƵAT held that the undisputed breach of confidentiality in the selection process provided rational grounds for the cancellation decision. Ä¢¹½ÊÓƵAT held that the fact that the Appellant had access to information about his test score and that he was perhaps seeking to influence the decision through the hiring manager, rendered the selection exercise problematic and unsatisfactory. Ä¢¹½ÊÓƵAT held that the perception was unavoidably created that the Appellant was inappropriately favoured with access to information about a decision concerning his interests and in respect of which he enjoyed no authority...

Request for oral hearing: Given Mr. Toson¡¯s arguments wherein he wishes to contest evidence before the Dispute Tribunal in a manner that would be essentially a rehearing of the evidence, Ä¢¹½ÊÓƵAT held that an oral hearing should not be granted and would not assist in expeditiously and fairly resolving the issues in this appeal. On the merits, Ä¢¹½ÊÓƵAT held that the Dispute Tribunal applied the appropriate standard of review. It reviewed the applicable policy of the Ä¢¹½ÊÓƵFPA for selection processes (the PPM), reviewed the evidence, and determined that the applicable procedures were followed in the...