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Ä¢¹½ÊÓƵAT held that the record reflected that: Michael and Jacqueline married in 1986; they had lived as husband and wife, and Jacqueline was Michael¡¯s wife on the date of his separation from service in 1998 and on the date of his death in 2008. Ä¢¹½ÊÓƵAT held that Michael¡¯s first wife was unable to produce a marriage certificate and the divorce decree she produced was not proof of marriage, despite the date of marriage having been mentioned therein. Ä¢¹½ÊÓƵAT held that the divorce decree could not be the sole basis of declaring Jacqueline¡¯s marriage to Michael invalid. Ä¢¹½ÊÓƵAT held that Jacqueline was entitled...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General of the Compensation Case, an appeal by Mr Shkurtaj of the Ethics Policy Case, and a cross-appeal by Mr Shkurtaj of the Compensation Case. Ä¢¹½ÊÓƵAT held that a former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose from his or her employment and that there must be sufficient nexus between the former employment and the impugned action. Ä¢¹½ÊÓƵAT held that an award for damages was justified in the circumstances. Ä¢¹½ÊÓƵAT held that the amount of fourteen months¡¯ net...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly determined that the issue before it was the failure of the Administration to address the Appellant¡¯s formal complaint. Ä¢¹½ÊÓƵAT held that there was no error of law or failure to exercise jurisdiction on the part of Ä¢¹½ÊÓƵDT with regard to the Appellant¡¯s request for an investigation. Ä¢¹½ÊÓƵAT held that it was satisfied that the award by Ä¢¹½ÊÓƵDT of USD 40,000 constituted sufficient satisfaction for the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly refused to entertain the request for compensation for economic loss because the Appellant¡¯s separation from service was not the subject of...

Ä¢¹½ÊÓƵAT vacated Ä¢¹½ÊÓƵDT¡¯s award of CHF 5,000. Ä¢¹½ÊÓƵAT held that, while Ä¢¹½ÊÓƵDT had the power to award costs for manifest abuse of proceedings before JAB, Ä¢¹½ÊÓƵDT erred in finding that the Secretary-General¡¯s delay in responding to the JAB report constituted a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that, before Ä¢¹½ÊÓƵDT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the weight of the evidence, in that case, justified the decision taken by Ä¢¹½ÊÓƵICEF. Ä¢¹½ÊÓƵAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to Ä¢¹½ÊÓƵAT¡¯s satisfaction that...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that there was no breach of Mr Powell¡¯s due process rights at the preliminary investigation stage. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT findings in paragraphs 86 and 106 of the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no nexus between the emotional distress of preparing for the exam and the impugned decision as the preparation took place prior to the decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that the contradictory information received by Ms Mirkovic and the lack of responses from the Chief of the Examinations and Tests Section added to her stress and injury was not supported by the facts, noting that written confirmation of what the Chief had told her was not required in order for her to request management evaluation. Ä¢¹½ÊÓƵAT held that...

As a preliminary issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. Ä¢¹½ÊÓƵAT held that another significant irregularity took place during the proceedings before Ä¢¹½ÊÓƵRWA DT, in light of which Ä¢¹½ÊÓƵAT was compelled to annul the judgment and remand the case for a de novo consideration by a different Ä¢¹½ÊÓƵRWA DT Judge, namely that Ä¢¹½ÊÓƵRWA DT committed an error in procedure when it denied the Appellant¡¯s request for a copy of the...

Ä¢¹½ÊÓƵAT held that the grounds for appeal were not substantiated. Ä¢¹½ÊÓƵAT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s reasonable decision to accept the opinions of the attending doctor at the hospital and the Ä¢¹½ÊÓƵIFIL Chief Medical Officer concerning the approximate time of Mr McKay¡¯s death being some hours prior to Mr McKay arriving at the hospital. Ä¢¹½ÊÓƵAT held that it was correct to conclude, as Ä¢¹½ÊÓƵDT did, that, regardless of any deficiency...

On the issue of the Ä¢¹½ÊÓƵDT¡¯s decision not to take up the Appellant¡¯s motion for disclosure of documents, Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate how this affected his rights or would have had a relevant impact on the evidence already collected, the basic facts of which were not contested, and therefore Ä¢¹½ÊÓƵAT held there were no procedural grounds to vacate the judgment. On the merits, Ä¢¹½ÊÓƵAT held that the Appellant had not established any error of fact or law that warranted reversal of the judgment. Ä¢¹½ÊÓƵAT recalled that not every violation of due process led to an award of compensation...