Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT Statute

  • Article 1.2(c)
  • Article 10. 9
  • Article 10.1
  • Article 10.2
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.8
  • Article 10.9
  • Article 11
  • Article 11.1
  • Article 11.1
  • Article 11.1
  • Article 11.2
  • Article 11.3
  • Article 11.4
  • Article 18
  • Article 18.1
  • Article 2
  • Article 2.1
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.10
  • Article 2.2
  • Article 2.2(a)
  • Article 2.3
  • Article 2.4(a)
  • Article 2.4(b)
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.8
  • Article 2.9
  • Article 2.9
  • Article 2.9(a)
  • Article 2(b)
  • Article 2(c)
  • Article 2(e)
  • Article 24
  • Article 3.2
  • Article 4
  • Article 5
  • Article 6
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 8
  • Article 8.1
  • Article 8.1(c)
  • Article 8.1(d)(i)(b)
  • Article 8.2
  • Article 8.3
  • Article 9
  • Article 9.1
  • Article 9.1(a)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.2
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.5
  • Article 9(b)
    • Showing 451 - 460 of 1006
    2014-Ä¢¹½ÊÓƵAT-415, Santos

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding there was no need for further clarification. Ä¢¹½ÊÓƵAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member¡¯s conversion to permanent appointment did not give Ä¢¹½ÊÓƵDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. Ä¢¹½ÊÓƵAT held that it was not within Ä¢¹½ÊÓƵDT¡¯s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...

    2014-Ä¢¹½ÊÓƵAT-412, Masylkanova

    Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly determined that the staff member¡¯s application had become moot. Ä¢¹½ÊÓƵAT held that the administrative decision to disable the fact-finding panel was superseded by its reconvening, after being impugned by the Appellant. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

    2014-Ä¢¹½ÊÓƵAT-410, Igbinedion

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not act lawfully in issuing an order in direct contravention of the established Ä¢¹½ÊÓƵAT jurisprudence. However, Ä¢¹½ÊÓƵAT also held that parties before Ä¢¹½ÊÓƵDT must obey its binding decisions and that a decision by Ä¢¹½ÊÓƵDT remained legally valid until such time as Ä¢¹½ÊÓƵAT vacated it. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s refusal to comply with Ä¢¹½ÊÓƵDT¡¯s order was vexatious. Ä¢¹½ÊÓƵAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. Ä¢¹½ÊÓƵAT upheld the appeal in part.

    Accountability Referral: The Ä¢¹½ÊÓƵAT...

    2015-Ä¢¹½ÊÓƵAT-607, Zakharov

    Ä¢¹½ÊÓƵAT held that the decision of the Ä¢¹½ÊÓƵJSPB not to submit the staff member¡¯s appeal to the Standing Committee contravened his rights under the Ä¢¹½ÊÓƵJSPF Regulations by depriving him of access to the appeals process and was a serious violation of his due process rights. Noting that Ä¢¹½ÊÓƵAT¡¯s jurisdiction was limited to hearing appeals of decisions of the Standing Committee and that the staff member¡¯s case had not been reviewed by the Standing Committee, Ä¢¹½ÊÓƵAT held that it had no jurisdiction to hear the appeal and remanded it to the Standing Committee.

    2014-Ä¢¹½ÊÓƵAT-397, Finniss

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. Ä¢¹½ÊÓƵAT held that the test for apparent bias applied by Ä¢¹½ÊÓƵDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

    2014-Ä¢¹½ÊÓƵAT-398, Kamara

    Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had nor erred in law or fact rendering its judgment. Ä¢¹½ÊÓƵAT held that the Appellant had failed to persuade the Court that Ä¢¹½ÊÓƵDT¡¯s conclusion of fact had rendered the decision unreasonable as required by Article 2 of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that the evidence clearly supported the finding of gross negligence and loss of property, as well as the existence of the misconduct. Ä¢¹½ÊÓƵAT held that there was no due process violation on the part of the Administration for having charged the Appellant with three accounts of misconduct. Ä¢¹½ÊÓƵAT held that the misconduct had been established...

    2015-Ä¢¹½ÊÓƵAT-567, Fedorchenko

    Ä¢¹½ÊÓƵAT had before it an application for correction of judgment and an application for interpretation of judgment for judgment No. 2015-Ä¢¹½ÊÓƵAT-499, both submitted by Mr Fedorchenko. Ä¢¹½ÊÓƵAT held that Mr Fedorchenko¡¯s applications did not come within the criteria set forth in the relevant statutory provisions. On the application for correction, Ä¢¹½ÊÓƵAT held that Mr Fedorchenko did not cite any clerical or arithmetical mistake to justify a correction of judgment and failed to identify any meaning or scope of the judgment to justify interpretation or identify which sentences or words were unclear or...

    2014-Ä¢¹½ÊÓƵAT-400, Tadonki

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties¡¯ submissions. Ä¢¹½ÊÓƵAT held that the Secretary-General had failed to persuade it that Ä¢¹½ÊÓƵDT erred on a question of fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member¡¯s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. Ä¢¹½ÊÓƵAT...

    2015-Ä¢¹½ÊÓƵAT-604, Ocokoru

    The issue for determination by Ä¢¹½ÊÓƵAT was whether the relevant date for the filing of the Secretary-General¡¯s appeal ran from the date on which the ALS received the Ä¢¹½ÊÓƵDT judgment in its capacity as counsel of record for the Secretary-General before Ä¢¹½ÊÓƵDT or the date on which the judgment was received by the OLA, the Secretary-General¡¯s counsel of record before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that in the absence of any published Ä¢¹½ÊÓƵDT rule or practice direction which decreed that transmission of Ä¢¹½ÊÓƵDT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the...

    2015-Ä¢¹½ÊÓƵAT-598, Thweib

    Ä¢¹½ÊÓƵAT considered an appeal by the Appellant of judgment No. Ä¢¹½ÊÓƵRWA/DT/2015/003. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member¡¯s claim and rights, solving the previous irregularity. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...