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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at Ä¢¹½ÊÓƵODC. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that, as a result of the Secretary-General¡¯s broad discretion in relation to decisions on internal management, the issuance of the policy by a ¡°Message of the Day¡± was subject to limited review by the Tribunal. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...

Ä¢¹½ÊÓƵAT considered an appeal against Ä¢¹½ÊÓƵDT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. Ä¢¹½ÊÓƵAT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to Ä¢¹½ÊÓƵDT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against Ä¢¹½ÊÓƵDT Order No. 101 (NBI/2011) and judgment No. Ä¢¹½ÊÓƵDT/2012/002. The Secretary-General asserted that Ä¢¹½ÊÓƵDT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the Ä¢¹½ÊÓƵDT Statute had been met. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not respect the limit of five working days, as set forth in Villamoran (2011-Ä¢¹½ÊÓƵAT-160), when it extended the suspension until 17 August 2011 when the...

Ä¢¹½ÊÓƵAT considered an appeal, in which the Appellant claimed that Ä¢¹½ÊÓƵDT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. Ä¢¹½ÊÓƵAT held that it was within the competence of Ä¢¹½ÊÓƵDT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. Ä¢¹½ÊÓƵAT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and...

Ä¢¹½ÊÓƵAT considered Ms Worsley¡¯s appeal and the Secretary-General¡¯s cross-appeal. Ä¢¹½ÊÓƵAT held that there was no evidence that OSLA¡¯s decision to not represent Ms Worsley was based on her disability. Ä¢¹½ÊÓƵAT noted that Ms Worsley did not show how OSLA¡¯s actions affected her rights or her case, as she was simply repeating arguments that Ä¢¹½ÊÓƵDT previously considered in its judgment. Ä¢¹½ÊÓƵAT dismissed the appeal and cross-appeal and affirmed the Ä¢¹½ÊÓƵDT judgment with regard to its decision that the right of staff members to receive assistance from OSLA does not amount to a right to be represented by OSLA.

Ä¢¹½ÊÓƵAT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before Ä¢¹½ÊÓƵDT. However, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the Ä¢¹½ÊÓƵDT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT correctly stated that the former Ä¢¹½ÊÓƵ Administrative Tribunal considered and rejected all of the Appellant¡¯s other pleas and that for this reason, the matter of interest was res judicata. Ä¢¹½ÊÓƵAT also noted that Ä¢¹½ÊÓƵDT ordered the Secretary-General to make a payment of USD 25,000 as compensation for the excessive and inordinate delays and the emotional harm and to arrange for a Medical Board to consider outstanding invoices. Ä¢¹½ÊÓƵAT found that, as the Secretary-General did not appeal, he had therefore accepted the Ä¢¹½ÊÓƵDT¡¯s decision and financial award. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s decision...

Ä¢¹½ÊÓƵAT held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; Ä¢¹½ÊÓƵAT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. Ä¢¹½ÊÓƵAT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was...

Ä¢¹½ÊÓƵAT held that, given the absolute restriction on its judicial discretion with respect to time limits, Ä¢¹½ÊÓƵDT ought not to have entered into a review of the possible existence of exceptional circumstances justifying an extension of the time limit. Ä¢¹½ÊÓƵAT held that the complaint was filed beyond the time limit for administrative review or management evaluation and beyond the threshold for receivability established by the Ä¢¹½ÊÓƵDT¡¯s Statute and Rules of Procedure. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...