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Although the Secretary-General was not a party to the impugned Order, the Ä¢¹½ÊÓƵAT held that the Secretary-General had a direct and cognizable interest in an appeal which considers whether the Ä¢¹½ÊÓƵDT is entitled to determine whether his legal representative should be disbarred from appearing in future cases and unrelated cases before the Ä¢¹½ÊÓƵDT. If the Ä¢¹½ÊÓƵDT is empowered to order as much, it raises a significant risk of harm to the Secretary-General¡¯s authority to appoint staff members to perform legal functions, allocate its legal resources, and hold staff members accountable in accordance with the...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member¡¯s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the Ä¢¹½ÊÓƵRWA DT with no medical information about AAW's condition at the time of the burglary.

The Ä¢¹½ÊÓƵAT found that the Commissioner-General had clearly and manifestly abused the...

Ä¢¹½ÊÓƵAT considered the motion for execution of judgment No. 2013-Ä¢¹½ÊÓƵAT-359. Ä¢¹½ÊÓƵAT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, Ä¢¹½ÊÓƵAT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. Ä¢¹½ÊÓƵAT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were...