Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no sufficient evidence before Ä¢¹½ÊÓƵDT to justify its findings of ¡°moral injury¡±. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it awarded compensation on a claim of ¡°moral injury¡± without the support of evidence, apart from the testimony of the Appellant. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment regarding the award of compensation for moral harm.
Ä¢¹½ÊÓƵAT considered an appeal by the staff member arguing that Ä¢¹½ÊÓƵDT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT judgment not awarding in-lieu compensation. Ä¢¹½ÊÓƵAT held that since the Secretary-General concurred with the remand in question, the claim became moot. Ä¢¹½ÊÓƵAT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. Ä¢¹½ÊÓƵAT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...
Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in concluding that the decision not to renew the Appellant¡¯s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. Ä¢¹½ÊÓƵAT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. Ä¢¹½ÊÓƵAT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...
Ä¢¹½ÊÓƵAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of Ä¢¹½ÊÓƵAT in terms of Article 10(2) of the Ä¢¹½ÊÓƵAT Statute elected to refer the appeal for consideration by the full bench of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT recalled that an administrative decision is a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects...
Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal and the staff members¡¯ cross-appeal. Ä¢¹½ÊÓƵAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, Ä¢¹½ÊÓƵAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. Ä¢¹½ÊÓƵAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...
Ä¢¹½ÊÓƵAT held that the Appellant failed to challenge the decision that denied the reclassification of her post from a G-8 to a P-2 position within the deadlines of the ICAO Staff Rules 111. 1(7) and 111. 1(5), confirming AJAB¡¯s finding. Ä¢¹½ÊÓƵAT held that there is no obligation of the ICAO Secretary-General to provide a staff member with guidance on the appeals procedure and to advise regarding the time limits. Ä¢¹½ÊÓƵAT held that it does not have jurisdiction to address the merits of the claims the Appellant raises on appeal against the decision that her post was incorrectly classified at the G-8 level...
Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that the Administration¡¯s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. Ä¢¹½ÊÓƵAT noted that the phrase ¡°suitable posts¡± is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...
Ä¢¹½ÊÓƵAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. Ä¢¹½ÊÓƵAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...
The staff member filed an application for execution of judgment No. 2015-Ä¢¹½ÊÓƵAT-604 (Ocokoru). Ä¢¹½ÊÓƵAT noted that in judgment 2015-Ä¢¹½ÊÓƵAT-604, it did not make any order affecting the Ä¢¹½ÊÓƵDT judgment that was appealed but simply decided that the Secretary-General¡¯s appeal was not receivable. Ä¢¹½ÊÓƵAT held that the execution of the Ä¢¹½ÊÓƵDT judgment remained within the jurisdiction of Ä¢¹½ÊÓƵDT and, as such, it was not competent to grant the staff member¡¯s application. Ä¢¹½ÊÓƵAT observed that Article 27 (Execution of judgments) of the Ä¢¹½ÊÓƵAT Rules of Procedure, when read together with Article 11.4 of the Ä¢¹½ÊÓƵAT Statute...
Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since it did not find that an oral hearing would assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT Summary judgment, finding that the application was manifestly inadmissible, was not tainted by any errors. Ä¢¹½ÊÓƵAT held that the Appellant was asking for the execution of an alleged default judgment issued by the first instance court in the previous proceedings more than six years earlier, and for enforcement of a non-existent mediation agreement. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
