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The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in its framing of the scope of Mr. Kebede¡¯s application, and that his claim of systemic retaliation was not properly before the Ä¢¹½ÊÓƵDT. Mr. Kebede only contested the non-selection decision both in his request for management evaluation and application to the Ä¢¹½ÊÓƵDT.

The Ä¢¹½ÊÓƵDT agreed with the Secretary-General that there was no evidence of material falsehood or misrepresentation by the Administration to the Ä¢¹½ÊÓƵDT relating to Mr. Kebede¡¯s rating during the interview for the post. The Ä¢¹½ÊÓƵAT noted that the ¡°Partially Satisfactory¡± rating was an assessment of how Mr...

This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the Ä¢¹½ÊÓƵDT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the Ä¢¹½ÊÓƵAT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the Ä¢¹½ÊÓƵDT has: (a) exceeded its...