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.
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...
The Secretary-General appealed the Ä¢¹½ÊÓƵDT order. Ä¢¹½ÊÓƵAT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of Ä¢¹½ÊÓƵDT RoP have elapsed, and where Ä¢¹½ÊÓƵDT is not in a position to make a decision under Article 2. 2 of the Ä¢¹½ÊÓƵDT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the Ä¢¹½ÊÓƵDT...
Ä¢¹½ÊÓƵAT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...
Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did...
As a preliminary issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err by failing to order the Appellant¡¯s...
Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT order denying revision. Ä¢¹½ÊÓƵAT held that a change in law is not a ¡°fact¡± contemplated by Article 12. 1 of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that the issuance of new jurisprudence by Ä¢¹½ÊÓƵAT is an issue of law, not of fact.
Ä¢¹½ÊÓƵAT considered appeals against Ä¢¹½ÊÓƵDT judgment Nos. Ä¢¹½ÊÓƵDT/2010/108 and Ä¢¹½ÊÓƵDT/2010/109 jointly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that the Ä¢¹½ÊÓƵDT¡¯s finding of fact was not supported by the evidence or that it was unreasonable. Ä¢¹½ÊÓƵAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...
Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT 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¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵDT made any errors of...
Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. Ä¢¹½ÊÓƵAT stated the principle that Ä¢¹½ÊÓƵDT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes Ä¢¹½ÊÓƵDT¡¯s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request Ä¢¹½ÊÓƵDT to verify the confidentiality of the document in...
