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The contested decision identified by the Applicant is not a final administrative decision that is related to the Applicant¡¯s terms of appointment or contract of employment. It is an operational decision of general application that promoted a change in the reporting lines of all staff members serving in that organization. Such a decision is within the scope of the managerial discretion of the organization in question. Accordingly, the application is not receivable ratione materiae.

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, Ä¢¹½ÊÓƵAT held that, contrary to Ä¢¹½ÊÓƵRWA DT¡¯s finding, the Administration has the discretion to deny a request to extend a staff member¡¯s service beyond retirement only in exceptional cases and on account of the interests of Ä¢¹½ÊÓƵRWA, which must be reflected clearly and precisely in the reasoning for the decision. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that Ä¢¹½ÊÓƵDT should have only received her application against the selection decision. Ä¢¹½ÊÓƵAT held that the appeal was defective in that the Appellant did not clearly define the grounds of appeal as required under Article 2. 1 of the Ä¢¹½ÊÓƵAT Statute, however, Ä¢¹½ÊÓƵAT considered the appeal on the basis that the Appellant was self-represented. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s allegation that the case management of Ä¢¹½ÊÓƵDT was flawed. Ä¢¹½ÊÓƵAT held that the re...

Ä¢¹½ÊÓƵAT preliminarily rejected the Appellant¡¯s request to present additional evidence. On the merits, Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that Ä¢¹½ÊÓƵDT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. Ä¢¹½ÊÓƵAT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. Ä¢¹½ÊÓƵAT held that there was no evidence to support the allegations of...

Ä¢¹½ÊÓƵAT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. Ä¢¹½ÊÓƵAT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. Ä¢¹½ÊÓƵAT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before Ä¢¹½ÊÓƵAT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. Ä¢¹½ÊÓƵAT ordered rescission of the contested decision to summarily dismiss the staff...

The Secretary-General filed appeals against Ä¢¹½ÊÓƵDT Orders. Ä¢¹½ÊÓƵAT determined that, generally, only appeals against final judgments are receivable. Ä¢¹½ÊÓƵAT noted that an interlocutory appeal is receivable exceptionally in cases where Ä¢¹½ÊÓƵDT has clearly exceeded its jurisdiction or competence. Ä¢¹½ÊÓƵAT held that it would not interfere lightly with the broad discretion of Ä¢¹½ÊÓƵDT in the management of cases. Further, Ä¢¹½ÊÓƵAT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before Ä¢¹½ÊÓƵDT could seldom proceed if either party were able to appeal interlocutory...

Ä¢¹½ÊÓƵAT observed that the Appellant did not challenge the reasoning of Ä¢¹½ÊÓƵDT, but appealed on the ground that the administrative policy in place should be changed because she was promoted but her gross income was reduced. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s pay calculations also took into account other deductions and increases such that her net income increased. Ä¢¹½ÊÓƵAT held that the real issue before it was whether Ä¢¹½ÊÓƵDT made a reversible error in fact or law such that it must allow the appeal. Ä¢¹½ÊÓƵAT noted that the Appellant did not disagree that, on its face, the calculations of her salary were made...

Ä¢¹½ÊÓƵAT noted that, even though it found the case non-receivable, Ä¢¹½ÊÓƵDT undertook a final review of the Appellant¡¯s allegations and that the case failed on the facts. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. Ä¢¹½ÊÓƵAT held there was no basis to disagree with Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an appeal against Order No. Ä¢¹½ÊÓƵDT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, Ä¢¹½ÊÓƵAT held that the Order had no practical effect following the withdrawal of the request for suspension of action. Ä¢¹½ÊÓƵAT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. Ä¢¹½ÊÓƵAT dismissed the appeal.