Ä¢¹½ÊÓƵ

The only issue in contention in this appeal is whether the Ä¢¹½ÊÓƵDT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT based the award of compensation for harm both on the evidence produced by the individual and what it described as ¡°pre-existing distress that the individual was already suffering from¡± which ¡°was exacerbated by the unlawful decision to refuse his request¡± to investigate the allegations of discrimination. Ä¢¹½ÊÓƵDT was to determine whether Mr. Kebede...

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 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 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 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 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...

Ä¢¹½ÊÓƵAT held that requesting management evaluation was a mandatory first step. Ä¢¹½ÊÓƵAT found that that the Personnel Action forms could not be construed as adequately notifying the Appellant of the relevant administrative decision to process his retirement and separation from service. Ä¢¹½ÊÓƵAT held that the memorandum that gave instructions pertaining to the Appellant¡¯s separation from service and repatriation to his home country triggered the time limit to seek management evaluation. Ä¢¹½ÊÓƵAT held that the Appellant failed to seek a management evaluation within that time. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. Ä¢¹½ÊÓƵAT referred to Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. Ä¢¹½ÊÓƵAT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. Ä¢¹½ÊÓƵAT accordingly rejected the Appellant¡¯s request for compensation. Ä¢¹½ÊÓƵAT also referred to Article 9(2) of...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred on a question of law when it concluded that the procedure was flawed on the basis that it was not sufficient for the Assistant Secretary-General/Controller to countersign and approve the Ä¢¹½ÊÓƵCB recommendation and that a separate and reasoned decision was necessary for the regularity of the administrative procedure. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that there was a procedural delay and, therefore, granting compensation. Ä¢¹½ÊÓƵAT granted the appeal and vacated the Ä¢¹½ÊÓƵDT judgment insofar as it awarded compensation for the procedural...

Both parties appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct regarding the non-receivability ratione materiae with respect to the first three decisions. Ä¢¹½ÊÓƵAT, however, disagreed with Ä¢¹½ÊÓƵDT¡¯s finding that the Administration had unlawfully delayed check-out, including his final payments and the submission of the required forms for his pension, since the period of three and a half months which was taken by the Administration to investigate and proceed with Mr Nchimbi¡¯s ¡°check-out¡± was not unreasonable in the given circumstances. Ä¢¹½ÊÓƵAT upheld the Secretary-General's appeal and dismissed Mr Nchimbi¡¯s...