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The Tribunal finds the Respondent¡¯s application for interpretation as an attempt to have the Tribunal re-examine its Order, which is not a proper way to seek a reversal or modification of the Tribunal¡¯s Order. As the Appeals Tribunal clearly stated, the exercise of interpretation under art. 30 of the Dispute Tribunal¡¯s Rules of Procedure is not an avenue for review or the basis for a fresh judgment. It goes without saying that the motion is not receivable and must be dismissed. The Administration provided some reasonable explanation for the contested decision, which is supported by evidence...

As the parties concur that the correct procedure for the ABCC was not applied and the cases should be remanded to the ABCC for institution or correction of the required procedure, the Tribunal will, by consent, so order. However, since art. 10.4 of the Statute explicitly states that such remand shall be done ¡°prior to a determination of the merits of the case¡±, the Tribunal is not in a position to pronounce on the substance of the cases (at least Case No. Ä¢¹½ÊÓƵDT/NY/2018/011, concerning the ABCC¡¯s initial rejection of the compensation claim and not the subsequent rejection by its Secretary), and...

The Tribunal noted that not only is the payment of SPA discretionary, certain conditions must be met before it is considered and granted. One of these conditions is that the applicant¡¯s supervisor submits a statement to indicate that he took up the full functions of a higher-level post and whether he demonstrated an ability to fully meet the performance expectations of all functions of the post. The Tribunal noted that even though OSLA counsel initiated a request for SPA on behalf of the Applicant, his supervisor did not submit the statement as required and showed through emails and other...

The Tribunal¡¯s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, ¡°[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate¡±. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for this...

The Tribunal¡¯s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, ¡°[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate¡±. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. First, the Tribunal noted that the Applicant had failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would...

Receivability. The Applicant took no action to challenge the payment made to his wife, and the collection that would necessarily follow, within the 60 day period provided for in Staff Rule 11.2. At the time of submitting his request for management evaluation on 23 June 2017, the said deadline had experide several months ago. The Tribunal finds therefore concluded that the application is irreceivable rationae materiae (Egglesfield 2014-Ä¢¹½ÊÓƵAT-402) concerning the recovery by the Administration of the payment of EUR 7,000 made to the Applicant's wife. The application is also irreceivable rationae...

The Tribunal¡¯s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, ¡°[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate¡±. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant has failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for...

The issue of disclosing an investigation report is not new. It was, in fact, considered by this Tribunal in its judgments Adorma Ä¢¹½ÊÓƵDT/2010/205 and Haydar Ä¢¹½ÊÓƵDT/2012/201 as well as by Ä¢¹½ÊÓƵAT in judgment Ivanov 2015-Ä¢¹½ÊÓƵAT-519. In the latter, Ä¢¹½ÊÓƵAT entered into consideration of the non-disclosure of an investigation report despite the fact that the Secretary-General had questioned the Ä¢¹½ÊÓƵDT¡¯s jurisdiction over such a decision. The Organisation¡¯s obligations as stipulated in ST/SGB/2008/5 are an integral part of a staff member¡¯s contractual rights. They include the obligations of the Organisation and...

Since the Applicant withdrew the case, it is therefore closed.

The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant¡¯s case is not receivable. The Ethics Office¡¯s recommendation only required that ¡°efforts be made¡±, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section.; The Ethics...