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The Tribunal found unsubstantiated the alleged procecural and substantive irregularities in the lateral transfer of the Applicant to the position of CEO of GPH. The Applicant was well aware of both his lateral transfer and the business model of Ä¢¹½ÊÓƵITAR, which is dependent on external funding. Also, the Applicant's letter of appointment clearly stated that his appointment was limited to availability of funds.

Moreover, the Applicant argued that, instead of being placed on SWLOP until the end of his temporary appointment, his contract should have been terminated, pursuant to para. 9(c) of AC...

The Secretary-General filed an appeal.

The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT exceeded its jurisdiction and erred in law when it interpreted Staff Rule 6(3)(a) as allowing Ms. Barbulescu as a commissioning mother in a surrogacy to be entitled to maternity leave contrary to the clear and unambiguous Staff Regulations and Rules. The Ä¢¹½ÊÓƵDT enlarged the scope of Staff Rule 6(3) to an extent that it made a policy decision which is in the purview of the Secretary-General. Further, the Dispute Tribunal erred in making factual findings without evidence.

The Appeals Tribunal however held that the...

The Ä¢¹½ÊÓƵAT held that the Appellant¡¯s travel was not authorized pursuant to Staff Rule 7.10 because she had just one approved day of annual leave on 24 June 2021 followed by a period of R&R from the 12 July to 16 July 2021. The Ä¢¹½ÊÓƵAT also found that the Administration took the appropriate action by sending her on 25 July 2021 an e-mail reminding her that all the international staff members had to submit their Sudanese visa renewal application in a timely manner. The Ä¢¹½ÊÓƵAT held that the events that delayed the Appellant¡¯s return to her duty station could not be construed as force majeure as they...

The Ä¢¹½ÊÓƵAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. Ä¢¹½ÊÓƵDT/2022/124 and that the Ä¢¹½ÊÓƵDT did not err in delivering its Judgment during the pendency of that appeal. The Ä¢¹½ÊÓƵAT nevertheless observed that the Ä¢¹½ÊÓƵDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the Ä¢¹½ÊÓƵAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT rightfully refused to...

The initial decision to deny the Applicant EGT for the 2021-2022 academic year was modified following management evaluation. The Applicant was granted partial EGT for the 2020-2021 and 2021 2022 academic years, which resulted in a pro-rated recovery of the Applicant¡¯s EGT for the 2020-2021 academic year and the granting of half of his EGT for the 2021 2022 academic year.

Pursuant to staff regulation 3.2(a), staff rule 3.9(g), and sec. 9.1 of ST/AI/2018/1/Rev.1, the Applicant is entitled to one round trip for her daughter during each academic year between her educational institution and his...

The Ä¢¹½ÊÓƵAT found that the relief sought in the application concerned an issue not previously raised before the Ä¢¹½ÊÓƵDT or the Ä¢¹½ÊÓƵAT, being the recovery of an amount already paid as an admissible expense on a sliding scale.

The Ä¢¹½ÊÓƵAT held that there was nothing in the meaning or scope of the prior Judgment that was unclear or ambiguous, the terms of the order were clear. The Ä¢¹½ÊÓƵAT noted there was no need to interpret the prior Judgment to clarify its meaning, nor were there reasonable doubts about what constituted the Ä¢¹½ÊÓƵAT¡¯s decision or the reasons for it.

The Ä¢¹½ÊÓƵAT was of the view that there was also...

As a preliminary matter, the Ä¢¹½ÊÓƵAT granted AAM¡¯s request for anonymity. Considering that the Judgment set out medical details regarding AAM, the Ä¢¹½ÊÓƵAT found it necessary to protect his confidential information.

The Ä¢¹½ÊÓƵAT found that there were four issues for adjudication on appeal: 1) whether AAM¡¯s appeal was moot/premature in light of a pending medical determination; 2) whether the Ä¢¹½ÊÓƵDT erred in finding that the Controller had the delegated authority to deny AAM¡¯s claim for compensation under Appendix D; 3) whether the Ä¢¹½ÊÓƵDT erred in finding that the decision of the Controller was reasonable...

Ms. Larriera filed an appeal.

Ä¢¹½ÊÓƵAT first examined whether Ms. Larriera was entitled to file a claim under Appendix D. Ä¢¹½ÊÓƵAT found that ¨C unlike the Pension case - for the purpose of the Staff Regulations and Rules, the law of Brazil, Mr. M¡¯s national state, was to be the law determining his marital or domestic partnership status as at the date of his death for Appendix D purposes. That status, as determined subsequently by a Brazilian court of competent jurisdiction, was that Mr. M and Ms. Larriera were, as at the date of his death (and despite his still extant French marriage to Ms. M) in...

The issue in this case is whether EG and SEG consist of two independent benefits that can be granted in combination.

Pursuant to sec. 6.1(a) of ST/AI/2018/2/Amend.1, the overall maximum amount of SEG shall be equal to the upper limit of the top bracket of the global sliding scale applicable to the education grant scheme. The law does not allow an interpretation where EG and SEG can be ¡°stacked¡±.

Indeed, the difference between EG and SEG is in the percentages of reimbursement that eligible staff members are entitled to receive. This difference in reimbursement percentage addresses the...

The alleged lack of decision

The Tribunal noted that if a claim is submitted timely, the Administration opens the case under the framework of Appendix D, which remains open as compensation may be awarded any time after the original incident.

The Tribunal referred to art. 2 entitled ¡°Principles of award¡± of the pre-2017 Appendix D, applicable at the time the claim was submitted, and found that for a compensation to be paid or a benefit to be granted under Appendix D, a staff member must make a specific request such as the reimbursement of medical expenses or the payment of compensation for...