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Ä¢¹½ÊÓƵAT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the termination of the Appellant¡¯s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. Ä¢¹½ÊÓƵAT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to...

Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵDT/2013/145. On the issue of whether Ä¢¹½ÊÓƵDT erred in law in not receiving the Appellant¡¯s application for revision of judgment, Ä¢¹½ÊÓƵAT held that it did. Ä¢¹½ÊÓƵAT noted that to import into Article 12(1) of the Ä¢¹½ÊÓƵDT Statute the limitations presently advocated by Ä¢¹½ÊÓƵDT, merely because of the inclusion of the word ¡°executable,¡± would be unduly restrictive and tantamount to a denial of an already narrowly construed remedy and unduly circumscribe the right of access of staff members to Ä¢¹½ÊÓƵDT. With respect to the merits of the application for revision, Ä¢¹½ÊÓƵAT held that...

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...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. The Secretary-General contended that the Ethics Office¡¯s determination that no credible prima facie case of retaliation had been established was not an administrative decision subject to judicial review under Article 2 of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT noted that the key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member¡¯s terms or conditions of appointment. Ä¢¹½ÊÓƵAT found that, in this case, the recommendation of the Ethics Office had no legal...

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.

Ä¢¹½ÊÓƵAT recalled that it has consistently held that Article 8(3) of the Ä¢¹½ÊÓƵDT Statute must be read literally to prohibit Ä¢¹½ÊÓƵDT from waiving the deadlines for seeking management evaluation and that Ä¢¹½ÊÓƵDT has no jurisdiction or competence to waive such deadlines. Ä¢¹½ÊÓƵAT held that ignorance of the law is no excuse and, while it was unfortÄ¢¹½ÊÓƵATe that Mr. Nianda-Lusakueno relied on the informal review procedure, such reliance did not qualify as exceptional circumstances under ICAO Staff Rule 111. 1, paragraph 8. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the decision of the Secretary-General of ICAO.

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s submission that she let the deadline elapse primarily because she was confused by the first sentence of the message she received from the Office of the Deputy High Commissioner. Ä¢¹½ÊÓƵAT noted that this circumstance was previously considered by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT¡¯s pronouncement was in accordance with the established case law. Ä¢¹½ÊÓƵAT rejected the appeal.

Ä¢¹½ÊÓƵAT considered an appeal limited to the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT erred in awarding costs against him. Ä¢¹½ÊÓƵAT noted that the jurisdiction of a tribunal to award costs is narrowly restricted to instances where a party has manifestly abused the proceedings. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT gave no reasons for its determination that the Appellant had manifestly abused the proceedings, cited no evidence establishing that his application was frivolous or vexatious, or that he had deliberately delayed the proceedings, or had disobeyed an order of Ä¢¹½ÊÓƵDT or had, in any other way, abused Ä¢¹½ÊÓƵDT¡¯s proceedings. Ä¢¹½ÊÓƵAT...

The Appellant claimed that her interpretation of the advice given by the Ä¢¹½ÊÓƵDT Registry was that an extension of time was not needed. Ä¢¹½ÊÓƵAT noted that it has repeatedly and consistently strictly enforced the time limits for filing applications and appeals, which assures the goal of hearing cases and rendering judgments in a timely fashion. Ä¢¹½ÊÓƵAT found that it was unreasonable for the Appellant, even as a layperson, to conclude that an extension of time would never be needed and that there was no limitation on the time for filing. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate any error of law...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that Ä¢¹½ÊÓƵDT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. Ä¢¹½ÊÓƵAT noted that an award under Article 10(5)(a) of the Ä¢¹½ÊÓƵDT Statute is alternative...