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Ä¢¹½ÊÓƵAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. Ä¢¹½ÊÓƵAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

Ä¢¹½ÊÓƵAT considered a request for revision of judgment No. 2014-Ä¢¹½ÊÓƵAT-436 as well as a motion requesting that Ä¢¹½ÊÓƵAT strike certain paragraphs from it. Ä¢¹½ÊÓƵAT held that the request did not fulfil the statutory requirements and constituted, in fact, a disguised attempt to re-open the case. Ä¢¹½ÊÓƵAT held that his application was not receivable. Ä¢¹½ÊÓƵAT dismissed the application for revision.

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s application for confidentiality. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s contention that the Senior Human Resources Officer did not have the appropriate authority to take the contested decision and that such power lay only with the Director of Administration. Ä¢¹½ÊÓƵAT held, in agreement with Ä¢¹½ÊÓƵDT, that the e-mail from the Senior Human Resources Officer conveyed a clear and definite administrative decision with direct legal consequences for the Appellant. Ä¢¹½ÊÓƵAT held, in agreement with Ä¢¹½ÊÓƵDT, that the subsequent response from the Director of Administration...

Ä¢¹½ÊÓƵAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to Ä¢¹½ÊÓƵDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, Ä¢¹½ÊÓƵAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. Ä¢¹½ÊÓƵAT agreed with the finding of Ä¢¹½ÊÓƵDT that the established facts amounted to serious...

Ä¢¹½ÊÓƵAT held that it could discern no error in Ä¢¹½ÊÓƵDT¡¯s computation of the applicable time limits. Ä¢¹½ÊÓƵAT considered that the Ä¢¹½ÊÓƵDT decision that it had no jurisdiction to consider the merits of the Appellant¡¯s claim was reasonable and there were no grounds for overturning it. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT had before it an appeal of judgment No. Ä¢¹½ÊÓƵRWA/DT/2014/017. Ä¢¹½ÊÓƵAT noted that judgment No. 2013-Ä¢¹½ÊÓƵAT-963 was a final judgment and therefore the Appellant¡¯s case was res judicata, which meant that the Appellant was precluded from raising his claim again. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT made no error in finding the Appellant¡¯s application manifestly inadmissible and dismissing it without referring it to the Commissioner-General. Ä¢¹½ÊÓƵAT held as unsustainable the Appellant¡¯s claim that Ä¢¹½ÊÓƵRWA DT erred in law when it considered his application was an application against judgment No. 2013-Ä¢¹½ÊÓƵAT-363. Ä¢¹½ÊÓƵAT held...

Noting that that the crux of the Appellant¡¯s appeal was that Ä¢¹½ÊÓƵDT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, Ä¢¹½ÊÓƵAT held there was merit to the appeal. Ä¢¹½ÊÓƵAT held that there was no evidence that the Appellant¡¯s claim for moral damages was properly considered by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that on the totality of the evidence, the Appellant had a claim for moral damages. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s finding that the recruitment process was flawed in that it was affected by the perception of bias. Ä¢¹½ÊÓƵAT granted the appeal in...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that Ä¢¹½ÊÓƵDT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of Ä¢¹½ÊÓƵDT to determine admissibility and weighing of evidence, Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and fact when it failed to draw the necessary inference from...

Ä¢¹½ÊÓƵAT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. Ä¢¹½ÊÓƵAT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant¡¯s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the Appellant¡¯s challenge which related to the comments of...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that Ä¢¹½ÊÓƵDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. Ä¢¹½ÊÓƵAT held that his requests for relief were denied, noting that where an irregularity has no...