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The Ä¢¹½ÊÓƵAT held that the staff member¡¯s challenge to Staff Rule 3.3(b) ¨Cspecifically, the distinction drawn between internal and external candidates with respect to step determination ¨C in force at the time of his selection and whose reestablishment was ordered by the General Assembly, could not be subject to judicial review, as it would be tantamount to testing the substantive content of a resolution against higher normative values, a question that fell outside the remit of the Ä¢¹½ÊÓƵAT or the Ä¢¹½ÊÓƵDT.

The Ä¢¹½ÊÓƵAT further found that, since the staff member was selected for the position on 17 May 2024, af...

The Ä¢¹½ÊÓƵAT noted that the reclassification request was made by Ä¢¹½ÊÓƵIFIL and not by the staff member.

The Ä¢¹½ÊÓƵAT held that although extensive delays occurred before the request for reclassification was determined by the Administration, no final reclassification decision had been taken at the time the application was filed to the Ä¢¹½ÊÓƵDT by the staff member. Accordingly, since no decision had been made yet, she could not have experienced a direct adverse effect on the terms of her appointment. The fact that there were delays in the reclassification decision does not change the analysis. It is a...

The Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General of WMO.

The Ä¢¹½ÊÓƵAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The Ä¢¹½ÊÓƵAT was of the view that WMO¡¯s decision purporting to rescind its agreement affected the staff member¡¯s established career and personal...

The Ä¢¹½ÊÓƵAT held that the staff member was responsible for having agreed that the Ä¢¹½ÊÓƵDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the Ä¢¹½ÊÓƵDT could nevertheless have held a hearing. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The Ä¢¹½ÊÓƵDT was entitled to conclude that this was an...

Ä¢¹½ÊÓƵAT held that the Appellant had no standing to seek consideration by a full bench. Ä¢¹½ÊÓƵAT held that to the extent Ä¢¹½ÊÓƵDT engaged in a fact-finding exercise of its own, this was not a legitimate exercise of its competence. Ä¢¹½ÊÓƵAT held that the Administration¡¯s failure to provide adequate reasons for the contested decision resulted in the contested decision being unlawful. Ä¢¹½ÊÓƵAT held that the Administration¡¯s failure to exercise its discretion with regard to carrying out an investigation also rendered the contested decision unlawful. Ä¢¹½ÊÓƵAT allowed the appeal in part. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT Judgment by...

Ä¢¹½ÊÓƵAT held that there were exceptional circumstances in this case that required a waiver of the time limit, with respect to A/RES/63/253. Ä¢¹½ÊÓƵAT held that the JAB showed inconsistency in its treatment of the cases of Tabari and Shehadeh; both cases were decided on the same day by the same panel, but in Tabari¡¯s case there was a split verdict with the majority view being that there was no administrative decision that Tabari could appeal. Ä¢¹½ÊÓƵAT held that the Appellant successfully demonstrated the manner in which the anomaly had arisen and noted that the Internal Review Panel took no action to...

Ä¢¹½ÊÓƵAT recalled that Article 10. 5 of the Ä¢¹½ÊÓƵDT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years¡¯ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where Ä¢¹½ÊÓƵDT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. Ä¢¹½ÊÓƵAT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to Ä¢¹½ÊÓƵ staff. Ä¢¹½ÊÓƵAT held that budgetary considerations could not trump the requirement of equal treatment. Ä¢¹½ÊÓƵAT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that Ä¢¹½ÊÓƵDT awarded damages from the correct date. Ä¢¹½ÊÓƵAT held that the Administration¡¯s allegation that Ä¢¹½ÊÓƵDT usurped the Secretary-General¡¯s...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that the fundamental right in Article 16.1 of the Universal Declaration of Human Rights consists of the freedom to marry or not to marry, in a religious ceremony or in a non-religious ceremony. However, Ä¢¹½ÊÓƵAT also noted that a staff member cannot assert that a marriage concluded through any means or in any place must lead to the award of entitlements by the Organization and, if it does not, that such a decision violates his or her freedom to marry. Ä¢¹½ÊÓƵAT found that the Appellant had choices with respect to his marital status and that it was not the United...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that there was no need for further evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in law and procedure when it did not consider the Appellant¡¯s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. Ä¢¹½ÊÓƵAT held that it was impossible for the Appellant¡¯s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. Ä¢¹½ÊÓƵAT held that the case was similar to the related case disposed...