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Ä¢¹½ÊÓƵAT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. Ä¢¹½ÊÓƵAT held that ST/AI/2003/8 was inapplicable. Ä¢¹½ÊÓƵAT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. Ä¢¹½ÊÓƵAT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. Ä¢¹½ÊÓƵAT held that the impugned decision complied with the legal...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. Ä¢¹½ÊÓƵAT stressed that it was not the task of the JAB or Ä¢¹½ÊÓƵAT to conduct a fresh investigation. Ä¢¹½ÊÓƵAT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the Ä¢¹½ÊÓƵAT RoP and no...

Ä¢¹½ÊÓƵAT held that the Appellant did not address any error of fact or law in the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the irregularities in the procedure did not amount to a breach of the Appellant¡¯s due process rights. Ä¢¹½ÊÓƵAT held that it was irrelevant whether the Appellant filed his application before Ä¢¹½ÊÓƵDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

On the Appellant¡¯s claim for his name not to appear in the Ä¢¹½ÊÓƵAT judgment, Ä¢¹½ÊÓƵAT held that, due to the fact that his name had been in the public domain for a long time as a result of the publication of many court documents related to his cases before Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT, it would be pointless to order redaction. Ä¢¹½ÊÓƵAT held that the Appellant failed to give any compelling reason as to why confidentiality should be granted and denied his request for confidentiality. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT fully and fairly considered the merits of his case and was in no doubt as to its substance. Ä¢¹½ÊÓƵAT held that there was no...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err and that clear and convincing evidence established that the Appellant participated in an attempted taking of property belonging to the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that the disciplinary sanction of dismissal from service was proportionate and lawful. On the Appellant¡¯s claim that the items were ¡°garbage¡±, Ä¢¹½ÊÓƵAT held that this claim was entirely without merit as the evidence showed that the items included over USD 5,000 worth of material, including boxes of new floor tiles. On the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT failed to fully assess...

Ä¢¹½ÊÓƵAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, Ä¢¹½ÊÓƵAT concluded that under the express terms of Articles 34 and 35, the former staff member¡¯s spouse was not entitled to a survivor¡¯s benefit. Nonetheless, Ä¢¹½ÊÓƵAT...

Starting with the presumption that official acts are regularly performed, Ä¢¹½ÊÓƵAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. Ä¢¹½ÊÓƵAT also agreed with the Ä¢¹½ÊÓƵDT that the staff member can only challenge a specific administrative decision, and...

Ä¢¹½ÊÓƵAT agreed and found the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵDT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.

The application was not receivable under article 13 of the Ä¢¹½ÊÓƵDT Rules of Procedure because at the time the application was filed, there was no management evaluation pending. It was only on 21 October 2009 that the Tribunal received a copy of the request for management evaluation of the decision of 5 October 2009. The application was not receivable under article 14 of the Ä¢¹½ÊÓƵDT Rules of Procedure because the administrative decision dated 5 October 2009 to fill the post related to an appointment and could not be the subject of interim relief in view of the exception contained in article 14...

The advertisement of a vacancy announcement is an action in rem, not in personam. In the present case, the Applicant failed to prove that the failure on the part of the Respondent to advertise the total number of posts to be filled in the vacancy announcement was a material error which violated his rights. With respect to the various allegations of discrimination, favouritism, corruption, lack of transparency, forgery, gambling, impunity, and abuse of authority in the selection system at stake, the Applicant failed to prove his pleas