2011-Ä¢¹½ÊÓÆµAT-166, Gakehmi
Ä¢¹½ÊÓÆµAT held that it was not competent to revise the judgments of the former Ä¢¹½ÊÓÆµ Administration Tribunal. Ä¢¹½ÊÓÆµAT held that the appeal was not receivable and dismissed the application.
Ä¢¹½ÊÓÆµAT held that it was not competent to revise the judgments of the former Ä¢¹½ÊÓÆµ Administration Tribunal. Ä¢¹½ÊÓÆµAT held that the appeal was not receivable and dismissed the application.
Ä¢¹½ÊÓÆµAT considered an appeal by Ms Rolland and a cross-appeal against the award of damages by the Secretary-General. Ä¢¹½ÊÓÆµAT held that the selection process conducted by an interview panel can be rescinded under rare circumstances. Ä¢¹½ÊÓÆµAT noted that, in general, when candidates have received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration, the selection shall be upheld. Ä¢¹½ÊÓÆµAT held that Ms Rolland failed to discharge the burden of proof, by showing through clear and convincing evidence that she was...
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant¡¯s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. Ä¢¹½ÊÓÆµAT held that it was not persuaded that Ä¢¹½ÊÓÆµDT made any errors of...
Ä¢¹½ÊÓÆµAT held that the Appellant had failed to show how Ä¢¹½ÊÓÆµDT exceeded its jurisdiction or competence or failed to exercise its jurisdiction. Ä¢¹½ÊÓÆµAT held that the Appellant had not identified an error on a question of law. Ä¢¹½ÊÓÆµAT held that it had no reason to disagree with Ä¢¹½ÊÓÆµDT¡¯s holding that no institutional prejudice, or retaliation, played a part in the non-renewal of the Appellant¡¯s contract. Ä¢¹½ÊÓÆµAT noted that the decision to take the Appellant¡¯s portfolio away from him had been taken before he had made any report of wrongdoing. Ä¢¹½ÊÓÆµAT noted that the Appellant¡¯s non-selection for the 11 posts involved...
Ä¢¹½ÊÓÆµAT considered an appeal by the Secretary-General limited to Case 2. Ä¢¹½ÊÓÆµAT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT committed...
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT erred in deciding to review the non-attribution issue separately from the other issues. Ä¢¹½ÊÓÆµAT held that the appeal was receivable because Ä¢¹½ÊÓÆµDT had committed an error in procedure such as to affect the decision of the case. Ä¢¹½ÊÓÆµAT upheld the appeal, annulled the judgment and remanded the case to Ä¢¹½ÊÓÆµDT for a de novo review.
Ä¢¹½ÊÓÆµAT was not persuaded that Ä¢¹½ÊÓÆµDT erred in its judgment. Ä¢¹½ÊÓÆµAT held that, at the time of receipt of his settlement offer, the time limit to file the application to Ä¢¹½ÊÓÆµDT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. Ä¢¹½ÊÓÆµAT held that the exceptional suspension of time limits provided for under Article 8(1) of the Ä¢¹½ÊÓÆµDT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. Ä¢¹½ÊÓÆµAT held that the settlement...
Ä¢¹½ÊÓÆµAT considered an appeal of Ä¢¹½ÊÓÆµDT Order No. 50 (GVA/2010) by the Secretary-General. Ä¢¹½ÊÓÆµAT held that the issue under consideration was settled, as Ä¢¹½ÊÓÆµAT had consistently held that Ä¢¹½ÊÓÆµDT had no jurisdiction to waive deadlines for management evaluation or administrative review. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. Ä¢¹½ÊÓÆµAT allowed the appeal and set aside the Ä¢¹½ÊÓÆµDT Order.
The staff member appealed on the ground that Ä¢¹½ÊÓÆµDT had made errors of fact in the judgment. Ä¢¹½ÊÓÆµAT recalled that in order to overturn a finding of fact, Ä¢¹½ÊÓÆµAT must be satisfied that the finding is not supported by the evidence or that it is unreasonable. Some degree of deference should be given to the factual findings by Ä¢¹½ÊÓÆµDT as the court of first instance, particularly where oral evidence is heard. Ä¢¹½ÊÓÆµAT dismissed the appeal finding that there were no grounds for overturning the Ä¢¹½ÊÓÆµDT¡¯s findings of fact and that no other reversible errors were made.
Ms. Azzouni filed an application for revision of judgment No. 2020-Ä¢¹½ÊÓÆµAT-081 for clarification of the date upon which the two years¡¯ net base salary was to be calculated and requested that it be set as of the date of the judgment, or, alternatively, that an interest rate be applied to the compensation awarded from the date of separation to that of the judgment. Ä¢¹½ÊÓÆµAT held that it would treat the application as an application for interpretation under Article 11(3) of the Ä¢¹½ÊÓÆµAT Statute. On the basis that the purpose of compensation is to place a staff member in the same position he or she would...