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Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General challenging the compensation for moral damages. Ä¢¹½ÊÓƵAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. Ä¢¹½ÊÓƵAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the appeal was, therefore, moot. Ä¢¹½ÊÓƵAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. Ä¢¹½ÊÓƵAT held that although the Secretary-General¡¯s appeal had no merit, it...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly determined that the Appellant had failed to comply with the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. Ä¢¹½ÊÓƵAT held that the Appellant had never sought review of the decision to separate him from service, failing to comply with Article 8.1(c) of the Ä¢¹½ÊÓƵRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵRWA DT¡¯s finding...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding no need for further clarification of the issues. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the

ArÄ¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. Ä¢¹½ÊÓƵAT held that the inference drawn by Ä¢¹½ÊÓƵRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...

Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵRWA DT finding that the application was not receivable ratione temporis. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of Ä¢¹½ÊÓƵRWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the Ä¢¹½ÊÓƵRWA DT Statute prevents Ä¢¹½ÊÓƵRWA DT from receiving a case which...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s Motion for Leave to Submit Additional Evidence, his appeal, and the Commissioner-General's cross-appeal. Ä¢¹½ÊÓƵAT found that the Applicant did not demonstrate any exceptional circumstances that would justify the filing of any additional documentary evidence and denied his motion. Ä¢¹½ÊÓƵAT held that the claim in Appellant¡¯s Appeal was not initially brought before Ä¢¹½ÊÓƵRWA DT and could not be introduced for the first time before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the Commissioner-General's cross-appeal was entirely without merit and that Ä¢¹½ÊÓƵRWA DT was correct to find that the irregularity...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that the Commissioner-General¡¯s appeal was not time-barred and was, therefore, receivable. Ä¢¹½ÊÓƵAT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not have jurisdiction to award compensation for loss of earnings. Ä¢¹½ÊÓƵAT held that any financial loss appears to be generated as the main cause and directly by the Director of Ä¢¹½ÊÓƵRWA Affairs, Lebanon¡¯s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the Ä¢¹½ÊÓƵRWA DT and that...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal, specifically as to whether Ä¢¹½ÊÓƵRWA DT¡¯s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, Ä¢¹½ÊÓƵAT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. Ä¢¹½ÊÓƵAT held that there was no room for Ä¢¹½ÊÓƵRWA DT to substitute its decision...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT correctly concluded that the application was non-receivable ratione materiae. Ä¢¹½ÊÓƵAT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, Ä¢¹½ÊÓƵAT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. Ä¢¹½ÊÓƵAT accordingly found that Ä¢¹½ÊÓƵRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, Ä¢¹½ÊÓƵAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...