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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish that Ä¢¹½ÊÓƵDT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that the issues raised on appeal did not require further clarification. Ä¢¹½ÊÓƵAT rejected the submission from the Secretary-General that the appeal was time-barred since the appeal was a corrected appeal and, therefore, conform to the requirements of Article 8 of the Ä¢¹½ÊÓƵAT RoP. Ä¢¹½ÊÓƵAT held that the Appellant had failed to identify one of the five grounds of appeal which could give legal basis to her appeal and that her arguments were the same made before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish how Ä¢¹½ÊÓƵDT had erred on questions of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General appealed against the Ä¢¹½ÊÓƵDT judgment to seek a clarification of the ratio of the judgment with regard to the way in which Ä¢¹½ÊÓƵDT had applied the principle of preponderance of evidence and ignored the Secretary-General¡¯s submissions on the basis of ¡°minimal showing¡± that the Applicant had been fairly considered. Ä¢¹½ÊÓƵAT held that it would not examine the legal submissions in the appeal since the case had been decided in favour of the Secretary-General. Ä¢¹½ÊÓƵAT held that none of the grounds of appeal pleaded was valid under Article 2.1 of the Ä¢¹½ÊÓƵAT Statute...

Ä¢¹½ÊÓƵAT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. Ä¢¹½ÊÓƵDT/2010/038. Ä¢¹½ÊÓƵAT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. Ä¢¹½ÊÓƵAT held that an appeal against the Order was not receivable because it was not a final judgment rendered by Ä¢¹½ÊÓƵDT. Regarding judgment No. Ä¢¹½ÊÓƵDT/2010/038, Ä¢¹½ÊÓƵAT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. Ä¢¹½ÊÓƵAT held that the Appellant had failed to complete his appeal...

Ä¢¹½ÊÓƵAT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General¡¯s answer. Ä¢¹½ÊÓƵAT held that the observations would not be taken into consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant¡¯s contention about the quantum of compensation, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was in the best position to decide on the level of compensation given its...

Ä¢¹½ÊÓƵAT held that there were exceptional circumstances in this case that required a waiver of the time limit, with respect to A/RES/63/253. Ä¢¹½ÊÓƵAT held that the JAB showed inconsistency in its treatment of the cases of Tabari and Shehadeh; both cases were decided on the same day by the same panel, but in Tabari¡¯s case there was a split verdict with the majority view being that there was no administrative decision that Tabari could appeal. Ä¢¹½ÊÓƵAT held that the Appellant successfully demonstrated the manner in which the anomaly had arisen and noted that the Internal Review Panel took no action to...

Ä¢¹½ÊÓƵAT considered an application for ¡°reconsideration¡± of Judgment No. 2010-Ä¢¹½ÊÓƵAT-029bis. Ä¢¹½ÊÓƵAT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. Ä¢¹½ÊÓƵAT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib¡¯s appeal was dismissed as non-receivable and without merit, Ä¢¹½ÊÓƵAT held that the application for ¡°reconsideration¡± constituted an abuse of the appeals...

In reviewing the Appellant¡¯s appeal, Ä¢¹½ÊÓƵAT found that the decision to terminate the Appellant¡¯s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. Ä¢¹½ÊÓƵAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. Ä¢¹½ÊÓƵAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

Ä¢¹½ÊÓƵAT stated that an Application for Interpretation is not receivable if its actual purpose is to have Ä¢¹½ÊÓƵAT re-examine its decision, even though its judgments are final and without appeal, or to have it comment on its decision. Ä¢¹½ÊÓƵAT held that the applications made under subparagraphs (a) to (g) of paragraph 30 of the appeal, with the purpose of either calling into question the decision or having Ä¢¹½ÊÓƵAT issue comments on the decision, were not receivable. Ä¢¹½ÊÓƵAT held that the use of the word ¡°annul¡± would not lead to confusion in the mind of a party in good faith because the language of...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal against the Ä¢¹½ÊÓƵDT¡¯s interpretation of judgment. It found that the appeal was not receivable because the interpretation of a judgment is not a fresh decision or judgment within the meaning of Article 2. 1 of the Ä¢¹½ÊÓƵAT Statute.