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Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT findings that there was no flaw in the procedure used by the Staff Management Coordinating Committee to select the staff representative on the IJC. Ä¢¹½ÊÓƵAT also affirmed the Ä¢¹½ÊÓƵDT judgments rejecting the staff member¡¯s allegations of conflict of interest on the part of the Ä¢¹½ÊÓƵDT judges. Ä¢¹½ÊÓƵAT further rejected the staff member¡¯s request that Ä¢¹½ÊÓƵAT judges recuse themselves from the hearing of the appeal, noting the limited role of the IJC in the appointment of the Ä¢¹½ÊÓƵAT judges and the lack of any professional relationship between the person appointed as a staff representative and...

Ä¢¹½ÊÓƵAT held that, since the Appellant had not made an application to the Ä¢¹½ÊÓƵRWA Internal Justice Committee on the issue of the recusal and conflict of interest, it would not permit the issue to be raised for the first time on appeal. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish in his appeal that it was unreasonable for Ä¢¹½ÊÓƵRWA DT to conclude that there was no evidence of bias in the decision to abolish his post. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

As a first preliminary matter, Ä¢¹½ÊÓƵAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. Ä¢¹½ÊÓƵAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant¡¯s own motions and Ä¢¹½ÊÓƵAT would not have asked her to disclose such information. Ä¢¹½ÊÓƵAT denied the motion. As a second preliminary matter, Ä¢¹½ÊÓƵAT considered a motion to respond to the Respondent¡¯s observations on a motion. Ä¢¹½ÊÓƵAT held that its RoP did...

The Judges of the Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT were not appointed by the IJC whose mandate was to identify suitable candidates for recommendation to the General Assembly. The Judges were elected by the General Assembly on 2 March 2009 and that process involved the participation of nearly 190 Member States of the United Nations. This guaranteed their independence. The Applicant¡¯s averment of lack of impartiality was based on the fact that the Judges of the Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT were selected by the IJC. The Applicant made general accusations of potential bias but did not give any precision on how this bias on the...

Impartiality of a judge is determined by two tests, subjective and objective. (Campos). The Ä¢¹½ÊÓƵDT considered that the request for recusal was based on mere fact and no such conflict of interest or professional relationship existed between the honourable Judge and the two Thai nationals named.

The Applicant¡¯s request for recusal was not receivable and did not warrant a referral to the President of the Tribunal for determination. The Applicant¡¯s claims were all of a substantive nature and would have been more appropriately dealt with by an appellate Tribunal. There was nothing to rectify or correct in the judgment as none of the particulars listed in the application were related to any errors.

The members of the IJC were informed that the Applicant¡¯s cases had been transferred to the Ä¢¹½ÊÓƵDT from the Joint Appeals Board and that they may have had an interest to join in as parties in the case, pursuant to Article 11 of the Rules of Procedure. The information communicated to the members of the IJC could not be construed as amounting to any impropriety, less still a conflict of interest, within the meaning of Article 27 of the Rules of Procedure. The application was rejected because it was merely a repetition of the application dismissed by Judgment No. Ä¢¹½ÊÓƵDT/2009/005.