Ä¢¹½ÊÓƵAT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. Ä¢¹½ÊÓƵAT rescinded the Ä¢¹½ÊÓƵDT¡¯s judgment to the extent that it awarded damages to Mr Abboud.
Ä¢¹½ÊÓƵAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. Ä¢¹½ÊÓƵAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...
The Secretary-General claimed that Ä¢¹½ÊÓƵDT had no power to award interest. Ä¢¹½ÊÓƵAT found that both Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT have the power to award interest in the normal course of ordering compensation. The very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organisation complied with its statutory obligations. In many cases, interest will be by definition part of compensation. To say that the tribunals have no jurisdiction to order the payment of interest would, in many cases, mean that the staff member could not be placed in the same position...
Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s decision on an Appellant¡¯s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the Ä¢¹½ÊÓƵAT Statute, since no appeal had yet been filed. Ä¢¹½ÊÓƵAT held, therefore, that Ä¢¹½ÊÓƵDT¡¯s decision on the Appellant¡¯s request of extension could not be appealed. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Ä¢¹½ÊÓƵAT concurred with Ä¢¹½ÊÓƵDT that the case was time-barred and not receivable. Ä¢¹½ÊÓƵAT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to Ä¢¹½ÊÓƵDT and raised it for the first time before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that, while Article 2. 5 of the Ä¢¹½ÊÓƵAT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Ä¢¹½ÊÓƵAT considered whether the impugned decision was a contestable administrative decision. Ä¢¹½ÊÓƵAT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. Ä¢¹½ÊÓƵAT held that the requirement for Ä¢¹½ÊÓƵ Office at Nairobi (Ä¢¹½ÊÓƵON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation¡¯s staff medical insurance plan. Ä¢¹½ÊÓƵAT held that this requirement was of general...
Ä¢¹½ÊÓƵAT, applying Bertucci (2010-Ä¢¹½ÊÓƵAT-062), rejected as not receivable an interlocutory appeal against Ä¢¹½ÊÓƵDT¡¯s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within Ä¢¹½ÊÓƵDT¡¯s jurisdiction. The alleged lack of jurisdiction of Ä¢¹½ÊÓƵDT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. Ä¢¹½ÊÓƵAT further held that the appeal against Ä¢¹½ÊÓƵDT¡¯s order for production of the OIOS...
Ä¢¹½ÊÓƵAT held that the Appellant had only presented arguments challenging the Administration¡¯s behaviour and the decision to terminate her contract with Ä¢¹½ÊÓƵMIK. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate how Ä¢¹½ÊÓƵDT, by judging the application not receivable and dismissing it on this ground, could have exceeded its jurisdiction, failed to exercise it, made an error of law or procedure, or made an error of fact that resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly dismissed the application as not receivable since the request for administrative review had...
Ä¢¹½ÊÓƵAT held that the Appellant failed to explain how Ä¢¹½ÊÓƵDT exceeded or failed to exercise its jurisdiction or competence, erred on a question of law or procedure, or erred on a question of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT recalled that the Ä¢¹½ÊÓƵDT Statute precluded Ä¢¹½ÊÓƵDT from suspending or waiving the deadlines for management evaluation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was therefore correct in concluding that the application was not receivable and to reject it on that basis. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT Judgment.
Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. Ä¢¹½ÊÓƵAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, Ä¢¹½ÊÓƵAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...
