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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly determined that the former staff member¡¯s claims for compensation under Appendix D based on Ä¢¹½ÊÓƵAMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The Ä¢¹½ÊÓƵAT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The Ä¢¹½ÊÓƵAT found that both elements of the Appendix D claim were premature and should have been declared...

The Ä¢¹½ÊÓƵAT held that the former staff member filed his appeal within the statutory deadline.It noted that since he filed his application before the Ä¢¹½ÊÓƵDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the Ä¢¹½ÊÓƵDT Judgment in that same language.As he received the Ä¢¹½ÊÓƵDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the Ä¢¹½ÊÓƵAT held that it was filed timely.

Nevertheless, the Ä¢¹½ÊÓƵAT found that the former staff member¡¯s application before the Ä¢¹½ÊÓƵDT was not receivable ratione temporis.The Ä¢¹½ÊÓƵAT observed that the former staff member...

The Ä¢¹½ÊÓƵAT held that the only issue on appeal was whether the Ä¢¹½ÊÓƵDT erred in finding the additional disciplinary sanction disproportionate and rescinding it. It emphasized that under Staff Rule 10.3(b), sanctions must be proportionate, but the Administration enjoys broad discretion in disciplinary matters, subject to judicial review for lawfulness, rationality, and proportionality.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT exceeded its authority by substituting its own opinion for that of the Secretary-General. It noted that the Administration had considered all relevant factors, including the seriousness of...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The Ä¢¹½ÊÓƵAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The Ä¢¹½ÊÓƵAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓƵAT also noted the medical evidence of signs of the participant¡¯s dementia.

The Ä¢¹½ÊÓƵAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓƵAT held that the Fund had not erred when it found those forms...

The Ä¢¹½ÊÓƵAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The Ä¢¹½ÊÓƵAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the Ä¢¹½ÊÓƵDT would have impacted the decision of the case.

The Ä¢¹½ÊÓƵAT found that the staff member had not received a wrong performance rating and that the Ä¢¹½ÊÓƵDT had not misrepresented or failed to give...

The Ä¢¹½ÊÓƵAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The Ä¢¹½ÊÓƵAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the Ä¢¹½ÊÓƵAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the Ä¢¹½ÊÓƵDT did not err in not holding an oral hearing...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application was not receivable, as he did not file a timely request for management evaluation of the contested decision.

The Ä¢¹½ÊÓƵAT observed that the staff member was notified of the contested decision on 9 November 2023. Accordingly, he had until 8 January 2024 to file his request for management evaluation, but instead filed it on 12 August 2024, more than 270 days after being notified of the contested decision. It further found that, even assuming that he was notified of the contested decision in February 2024, his request was still submitted well...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that ATR¡¯s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The Ä¢¹½ÊÓƵAT noted that while Article 10(5)(b) of the Ä¢¹½ÊÓƵDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT exceeded its jurisdiction in...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application was not receivable, as his placement on the overtime Priority Two List, rather than the Priority One List, and the consequent non-assignment of overtime to him on 10 April 2023, did not violate any regulations, rules or administrative issuances. The Ä¢¹½ÊÓƵAT found that the staff member had no contractual right, nor ¡°de facto entitlement¡± to perform overtime work or to select his own overtime schedule. On the contrary, it recalled that the allocation of overtime is discretionary with management. Furthermore, the Ä¢¹½ÊÓƵAT observed that the...