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Ä¢¹½ÊÓƵAT dismissed the appeal, finding it not receivable. The Tribunal explained Ä¢¹½ÊÓƵDT decisions on applications for suspension of action are not subject to appeal, pursuant to Article 2(2) of the Ä¢¹½ÊÓƵDT Statute. The Tribunal also noted that this case did not fall under the narrow exceptions when appeals against interlocutory orders are allowed, i.e. when it is alleged that the Ä¢¹½ÊÓƵDT has exceeded its competence or jurisdiction. Ä¢¹½ÊÓƵAT did not find any excess of jurisdiction in the instant case and therefore deemed the appeal irreceivable.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General was correct to bide his time and to await the outcome on the merits before determining whether an appeal was necessary. Ä¢¹½ÊÓƵAT held that the appeal of the Secretary-General was not time-barred. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that Mr. Arango was a former staff member for the purposes of founding jurisdiction over the instant application: At the time of the contested decision not to select him Mr. Arango had been separated from service for more than two years, was no longer a staff member in the...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit any errors when it found that Ms. Wenz¡¯ application was irreceivable ratione materiae and that therefore, it did not have to address the question of whether the application was also irreceivable ratione temporis. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly found that Ä¢¹½ÊÓƵICEF¡¯s participation in mediation efforts did not automatically extend the time limit for filing a request for management evaluation. Ä¢¹½ÊÓƵAT found no fault in the Ä¢¹½ÊÓƵDT¡¯s finding that the Secretary-General was not estopped from raising the issue of receivability. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined Mr. Hossain¡¯s request for an in-person hearing and held that Mr. Hossain did not explain, at least sufficiently, why his appeal should be dealt with other than on papers filed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law by rejecting Mr. Hossain¡¯s proceedings other than on their merits and for threshold jurisdictional reasons that it was empowered to examine and assist to establish. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT, while perhaps disposing of the case in an expeditious way, did not do so fairly, or certainly justly, as between the parties. Ä¢¹½ÊÓƵAT admitted on appeal the...

Contrary to the Ä¢¹½ÊÓƵDT¡¯s finding, Mr. Kollie¡¯s letter of 7 June 2007 to the ABCC cannot be regarded as a request under Article 17 of the Appendix D to convene a medical board and reconsider the Secretary-General¡¯s decision. Nor can the emails of 25/27 July 2017 and 24 August 2017 be regarded as a review of the 16 May 2017 decision of the Secretary-General or an administrative decision under Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute. The emails of 25/27 July 2017 constituted an implied appealable decision by the ABCC to reject Mr. Kollie¡¯s claim for reimbursement of his out-of-pocket expenses. But...

Ä¢¹½ÊÓƵAT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, Ä¢¹½ÊÓƵAT disagreed with the staff member that the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT first noted that neither party disagreed with the Ä¢¹½ÊÓƵDT Judgment that the contested decision was unlawful. Regarding the Secretary-General¡¯s appeal that an award in moral damages was not warranted, Ä¢¹½ÊÓƵAT disagreed with the Administration and found that the Ä¢¹½ÊÓƵDT was correct when it considered the medical certificate dated in March 2020, which gave a history of the staff member¡¯s health in 2015 (a year before the contested decision). Ä¢¹½ÊÓƵAT found it credible that the staff member suffered from a pattern of harassment, which began before the time of the contested decision (June 2016). As such, a...

Ä¢¹½ÊÓƵAT agreed that the time limit for requesting management evaluation against an administrative decision starts once a staff member has been notified of the decision in writing and in clear and unequivocal terms, which in this case was 18 September 2018. Ä¢¹½ÊÓƵAT also agreed that the subsequent communications were mere reiterations of the prior decision, and a staff member cannot reset the time for management review by asking for a confirmation of an administrative decision that was communicated to him earlier. The date cannot be unilaterally set by the staff member, and as such, it cannot be the...

Ä¢¹½ÊÓƵAT found the Ä¢¹½ÊÓƵDT correctly reviewed and rescinded the contested decision because of the procedural irregularities encountered during the investigation. But in addition to the procedural issues, Ä¢¹½ÊÓƵAT also noted there were other significant errors. The Tribunal found that the panel erred when it sought to determine the Medical Officer¡¯s intent during the breast examination. The panel had previously concluded that there was no clear and convincing evidence that the actions of the Medical Officer during the breast examination were sexual in nature. Referring to Section 1.3 of ST/SGB/2008/5, the...

Ä¢¹½ÊÓƵAT found no fault with the Ä¢¹½ÊÓƵDT¡¯s reasoning that the letter of 24 November 2017 was unambiguous and unconditional about the separation of Ms Patkar upon the expiration of her appointment and agreed that the letter conveyed the final decision of the Administration not to renew her appointment. Ä¢¹½ÊÓƵAT held that the letter produced a direct adverse consequence which was not contingent upon the possibility of Ms Patkar¡¯s selection for any other position. Nor did the relevant provision in the letter that the non-renewal decision would cease to be applicable if Ms Patkar should be selected for...