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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...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and found that Ä¢¹½ÊÓƵDT erred when it decided to give Ä¢¹½ÊÓƵHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. Ä¢¹½ÊÓƵAT noted that Article 10. 5(a) of the Ä¢¹½ÊÓƵDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). Ä¢¹½ÊÓƵAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeals against Ä¢¹½ÊÓƵDT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. Ä¢¹½ÊÓƵAT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the Ä¢¹½ÊÓƵDT Statute authorizes Ä¢¹½ÊÓƵDT to order suspension of a contested decision only ¡°during the pendency of the management evaluation¡±. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT exceeded its jurisdiction in ordering suspension of the contested...

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 an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the Ä¢¹½ÊÓƵDT judgment with interest was excessive. Ä¢¹½ÊÓƵAT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. Ä¢¹½ÊÓƵAT held that a total of 2. 5 years¡¯ net...

Ä¢¹½ÊÓƵAT held that the services provided by OSLA and the way the representation is implemented can have an impact on a staff member¡¯s terms of employment and can therefore fall within the jurisdiction of Ä¢¹½ÊÓƵDT, without interfering with the professional independence of counsel. Ä¢¹½ÊÓƵAT held that the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in the staff member¡¯s case could have an impact on his terms of employment and, therefore, constituted an administrative decision subject to review by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT reversed the Ä¢¹½ÊÓƵDT judgment and remanded the case to...

Ä¢¹½ÊÓƵAT concurred with Ä¢¹½ÊÓƵDT that the Appellant neither appealed the administrative decision not to select him for the post, nor challenged the selection process or the JAB¡¯s conclusion, but rather he discussed the release of a Confidential Letter which occurred after the selection process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the appeal was not receivable with respect to the non-promotion. Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that Ä¢¹½ÊÓƵDT committed errors warranting the reversal of its determination that his challenge to the decision to release the Confidential Letter was not...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. Ä¢¹½ÊÓƵAT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. Ä¢¹½ÊÓƵAT held that the compensation awarded by Ä¢¹½ÊÓƵDT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. Ä¢¹½ÊÓƵAT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...

Ä¢¹½ÊÓƵAT held that an irregularity in promotion procedures could only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance for promotion. Ä¢¹½ÊÓƵAT held that there must be a link between the irregularity and the non-promotion decision. Thus, where the irregularity has no impact on the status of a staff member because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.