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Ä¢¹½ÊÓƵAT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. Ä¢¹½ÊÓƵDT/2013/147. As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant¡¯s applications to suspend action. Ä¢¹½ÊÓƵAT held that the appeals of these Orders were not...

As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s motion ¡°for a finding of the Respondent¡¯s dissembling. ¡± With respect to the substance of the appeal, Ä¢¹½ÊÓƵAT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

The Appellant requested that the Ä¢¹½ÊÓƵDT judgment be set aside and that the case be remanded to Ä¢¹½ÊÓƵDT for a hearing de novo before a different judge. Ä¢¹½ÊÓƵAT agreed with the Appellant¡¯s submission that the relevant statute or rules of procedure do not prohibit an applicant from providing testimony and serving as a witness in their own case. Ä¢¹½ÊÓƵAT noted that, while Ä¢¹½ÊÓƵDT was required to administer the declaration prescribed in Article 17(3) of the Ä¢¹½ÊÓƵDT RoP, Ä¢¹½ÊÓƵDT¡¯s failure to do so was not an error serious enough so as to affect the decision of the case. Conversely, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT¡¯s refusal to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member¡¯s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey¡¯s summary of evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching any importance to this omission. Ä¢¹½ÊÓƵAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. Ä¢¹½ÊÓƵAT held that the Secretary-General...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed a substantial error in procedure in not granting due process of law to the Administration. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have issued a default ¡°Summary judgment¡± on the merits of the case. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment. The case was remanded to another Ä¢¹½ÊÓƵDT Judge to be tried on its merits after both parties have had the opportunity to make...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Survo and an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in the procedure, including in its findings regarding receivability. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in law in relation to the matters raised by Mr Survo. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred on a question of fact such as to render the decision of Ä¢¹½ÊÓƵDT manifestly unreasonable. On the Secretary-General¡¯s appeal of the Special Post Allowance (SPA) issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT had no primary legal or factual basis from which it could conclude that Mr Survo had properly sought management...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit any error of procedure so as to affect the outcome of the present case. Ä¢¹½ÊÓƵAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of Ä¢¹½ÊÓƵDT and do...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that Ä¢¹½ÊÓƵDT was unable to find any such evidence, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. Ä¢¹½ÊÓƵAT held that it was satisfied that Ä¢¹½ÊÓƵDT¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. Ä¢¹½ÊÓƵAT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that Ä¢¹½ÊÓƵDT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred on a question of law in finding that it could not determine the receivability of the application. Ä¢¹½ÊÓƵAT upheld the Secretary-General¡¯s appeal, vacated the Ä¢¹½ÊÓƵDT judgment and dismissed Mr...

Ä¢¹½ÊÓƵAT considered an interlocutory appeal against Order No. 116 and Order No. 126 by Mr Staedler. Regarding Order No. 116, Mr Staedler requested that the Order be rescinded, that Order No. 078 (NBI/2014) be reinstated, and that the Secretary-General¡¯s reply be stricken as untimely. Regarding Order No. 126, Mr Staedler requested that the portion of the Order admonishing him be rescinded and that the Order not be published in its present form. On Mr Staedler¡¯s contention that Ä¢¹½ÊÓƵAT should receive the appeal because it was an exceptional case in which Ä¢¹½ÊÓƵDT exceeded its jurisdiction or competence...