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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 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...

The Tribunal was satisfied that the Applicant had met all the requirements for a suspension of action by showing that the contested decision appeared prima facie to be unlawful, that this was a case of particular urgency, and that implementation of the decision would cause irreparable damage.

The Ä¢¹½ÊÓƵAT held that there was a clear disjunct in the Ä¢¹½ÊÓƵDT¡¯s decision to grant Mr. Nair¡¯s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision. The Ä¢¹½ÊÓƵAT noted the confusion presented by Ä¢¹½ÊÓƵDT¡¯s finding that ¡°no misconduct occurred at all¡±, while at the same time accepting that Mr. Nair had ¡°repeatedly reacted and used hostile language¡± which justified, in the Ä¢¹½ÊÓƵDT¡¯s view, the imposition of administrative measures. The Ä¢¹½ÊÓƵAT held that the administrative measures under Staff Rule 10.2(b)...

i. The Tribunal noted that based on the evidence on the record, the Applicant was never a staff member of ECA, DOS or any other entity of the United Nations. Accordingly, he had no locus standi before the Tribunal. The application was thus dismissed.

ii. The Tribunal also held that the application was barred by res judicata. It was recalled that the Tribunal had previously rejected an application by the Applicant contesting the same claims he raised in the present application. In Judgment No. Ä¢¹½ÊÓƵDT/2022/078, the Tribunal had found that the Applicant was not a staff member and had no legal...

The Tribunal found that the sanction in this case bore no rational connection or suitable relationship to the evidence on the record and the purpose of progressive or corrective discipline. The Applicant¡¯s messages were mainly reactionary, and he showed great pateince in not responding to the complainant's tone. The Applicant was provoked. The Applicant identified no special circumstances which would warrant the anonymization of this matter, apart from potential personal embarrassment and discomfort, which were not sufficient grounds to grant anonymity.

Ä¢¹½ÊÓƵAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. Ä¢¹½ÊÓƵAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

Ä¢¹½ÊÓƵAT held that, when the Appellant contested before Ä¢¹½ÊÓƵAdT his separation from the Organisation, he should have also submitted the request for payment of a termination indemnity, to be able to collect it if he did not succeed in the first part of his application. Ä¢¹½ÊÓƵAT held that the decision of the Management Evaluation Unit to consider the Appellant¡¯s request not receivable as time-barred was correct. Ä¢¹½ÊÓƵAT held that, even though the Appellant revisited the issue of his separation on several occasions under the old system, he might have been misguided into believing that he could bring the...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against Ä¢¹½ÊÓƵDT Order No. 101 (NBI/2011) and judgment No. Ä¢¹½ÊÓƵDT/2012/002. The Secretary-General asserted that Ä¢¹½ÊÓƵDT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the Ä¢¹½ÊÓƵDT Statute had been met. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not respect the limit of five working days, as set forth in Villamoran (2011-Ä¢¹½ÊÓƵAT-160), when it extended the suspension until 17 August 2011 when the...

The Secretary-General¡¯s appeal and Mr Cabrera¡¯s cross-appeal centred on the issue of whether placing a staff member on SLWFP violates their due process rights. Ä¢¹½ÊÓƵAT noted that, in this case, Ä¢¹½ÊÓƵDT created a new class of special leave, where the staff member was actually suspended with full pay. Ä¢¹½ÊÓƵAT did not agree with the Secretary-General¡¯s contention that Ä¢¹½ÊÓƵDT erred in concluding that the Office of Internal Oversight Services¡¯ investigation was not a preliminary investigation, as Mr Cabrera was put on leave using all the reasons under which he could be suspended. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT...