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Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT findings that there was no flaw in the procedure used by the Staff Management Coordinating Committee to select the staff representative on the IJC. Ä¢¹½ÊÓƵAT also affirmed the Ä¢¹½ÊÓƵDT judgments rejecting the staff member¡¯s allegations of conflict of interest on the part of the Ä¢¹½ÊÓƵDT judges. Ä¢¹½ÊÓƵAT further rejected the staff member¡¯s request that Ä¢¹½ÊÓƵAT judges recuse themselves from the hearing of the appeal, noting the limited role of the IJC in the appointment of the Ä¢¹½ÊÓƵAT judges and the lack of any professional relationship between the person appointed as a staff representative and...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeals against Ä¢¹½ÊÓƵDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. Ä¢¹½ÊÓƵAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the Ä¢¹½ÊÓƵDT Statute authorizes Ä¢¹½ÊÓƵDT to order suspension of a contested decision only ¡°during the pendency of the management evaluation¡±. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT exceeded its jurisdiction in ordering suspension of the contested...

Ä¢¹½ÊÓƵAT noted that the Appellants did not refer to any article of the Regulations that provides that the full retirement benefit may be restored after a participant opts to commute a portion of the retirement benefit into a lump sum. Ä¢¹½ÊÓƵAT held that the Appellants were bound by their decision to accept one-third of their pension as a lump sum and a reduced pension. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s decision could not simply be reversed. Ä¢¹½ÊÓƵAT rejected the argument that the Appellants had been discriminated against and that their basic fundamental rights concerning equity, fairness, and justice under...

Ä¢¹½ÊÓƵAT considered an application for revision of Judgment No. 1465 of the former Ä¢¹½ÊÓƵ Administrative Tribunal submitted by Mr Lesar. Ä¢¹½ÊÓƵAT noted that General Assembly resolution 63/253 was silent on the question of revision of judgments handed down by the former Ä¢¹½ÊÓƵ Administrative Tribunal during the period prior to its abolishment. Ä¢¹½ÊÓƵAT held that the omission did not constitute a denial of the right to an effective remedy since a tribunal had already dispensed justice. Ä¢¹½ÊÓƵAT held that it was not competent to revise the former Ä¢¹½ÊÓƵ Administrative Tribunal Judgment and that therefore, the application...

Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that the Ä¢¹½ÊÓƵDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, Ä¢¹½ÊÓƵAT held that it was new evidence, for which leave was required, in order to adduce it before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT did not find any exceptional circumstances existed to require it to consider the new evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in taking into consideration the conditions governing the Appellant¡¯s deputation in order to determine his...

Ä¢¹½ÊÓƵAT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. Ä¢¹½ÊÓƵAT held that the appeal was receivable because Ä¢¹½ÊÓƵDT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. Ä¢¹½ÊÓƵAT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...

Although the Administration failed to take into account the Applicant¡¯s upgraded performance appraisal, Ä¢¹½ÊÓƵAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. Ä¢¹½ÊÓƵAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT allowed the appeal in part, modifying the Ä¢¹½ÊÓƵDT...

On the issue of receivability, Ä¢¹½ÊÓƵAT noted that not taking a decision was also a decision. Ä¢¹½ÊÓƵAT noted that the alleged discrimination was based on a comparison between the claimant and staff members of a different category, namely international staff members. Ä¢¹½ÊÓƵAT held that the general principle of equal pay for equal work does not prevent a legislative body or the Administration from establishing different treatments for different categories of workers or staff members if the distinction is made on the basis of lawful goals. Ä¢¹½ÊÓƵAT held that there was no discrimination when the non-payment of...

Ä¢¹½ÊÓƵAT held that the appeal was not receivable because it was not filed within the deadline. Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances for it to waive the time limits. Ä¢¹½ÊÓƵAT was not persuaded that the Appellant did not receive the Ä¢¹½ÊÓƵDT judgment or any notification of the judgment, as he had actual knowledge of the judgment. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s right to due process of law was not violated. Ä¢¹½ÊÓƵAT held that the appeal was not receivable as it was time-barred. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the appeal was time-barred and not receivable. Ä¢¹½ÊÓƵAT held that the time limit for filing an appeal may be suspended, waived, or extended, only in exceptional cases and upon a written request by an appellant prior to the filing of an appeal, which the Appellant failed to submit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.