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The Ä¢¹½ÊÓƵAT held that the absence of a case management discussion and an oral hearing before the Ä¢¹½ÊÓƵDT was not a procedural error.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred. The Ä¢¹½ÊÓƵAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant¡¯s objective...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the facts underlying the written reprimand were established. The Ä¢¹½ÊÓƵAT agreed that Ms. Kamara-Joyner¡¯s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for Ä¢¹½ÊÓƵOMS and as President of Ä¢¹½ÊÓƵPAD. The Ä¢¹½ÊÓƵAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

The Ä¢¹½ÊÓƵAT concluded that the Dispute Tribunal had been guided by the appropriate factors in making its award of compensation in lieu. Specifically, the Ä¢¹½ÊÓƵDT had considered the seniority of the staff member, the type of contract he held and the chance of being offered equivalent positions, the reasons for termination, and months of service until retirement age. In light of the Ä¢¹½ÊÓƵAT¡¯s deference to the Ä¢¹½ÊÓƵDT in such matters, the Ä¢¹½ÊÓƵAT found it to be an adventure in futility to re-examine these factors.

The Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s contention that the length of the Temporary Job...

The Ä¢¹½ÊÓƵAT held that the decision to cancel the appointment process and initiate a new process was one which fell squarely within the discretionary authority of the Administration. Given that a new appointment process had been embarked upon, there was no longer any administrative decision alleged to be in non-compliance with AAP¡¯s terms of appointment or contract of employment. Any dispute concerned with the initial appointment process was moot in the sense that there was no live issue in dispute which required determination by the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly dismissed AAP¡¯s...

The Ä¢¹½ÊÓƵAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. Ä¢¹½ÊÓƵDT/2022/124 and that the Ä¢¹½ÊÓƵDT did not err in delivering its Judgment during the pendency of that appeal. The Ä¢¹½ÊÓƵAT nevertheless observed that the Ä¢¹½ÊÓƵDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the Ä¢¹½ÊÓƵAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT rightfully refused to...

The Tribunal noted that, firstly, the Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations. Secondly, FAO has not concluded a special agreement with the Secretary-General, under art. 2.5 of the Tribunal¡¯s Statute, to accept the terms of the Tribunal¡¯s jurisdiction.

Consequently, the Tribunal found that it was not competent to examine the present application.

The Ä¢¹½ÊÓƵAT observed that neither party had raised whether AAQ¡¯s application was receivable before the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT nonetheless held that because this was a jurisdictional question, it was obliged to raise the issue itself. The Ä¢¹½ÊÓƵAT noted that pursuant to Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute, the staff member was obliged to identify an administrative decision that was alleged to be in non-compliance with the terms of appointment or contract of employment. Further, pursuant to established case law, the administrative decision must have both a direct and adverse effect on the employment of the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the Ä¢¹½ÊÓƵAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.

The Ä¢¹½ÊÓƵAT held that the Appellant¡¯s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.

The Ä¢¹½ÊÓƵAT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member¡¯s separation. The Ä¢¹½ÊÓƵAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The Ä¢¹½ÊÓƵAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...