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The Ä¢¹½ÊÓƵAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.

The Ä¢¹½ÊÓƵAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal¡¯s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.

The Ä¢¹½ÊÓƵAT noted that, given the delay in execution and in the...

The Applicant received the contested decision on 5 May 2021. If he wished to challenge his reassignment, he should have filed a management evaluation request by 4 July 2021 but did not do so until 30 November 2021. Thus, his applicaiton was found to not be receivable.

Pursuant to staff rule 11.2(c), the Applicant should have requested management evaluation of the 31 August 2021 decision by 30 October 2021, or even earlier, if the intent was to argue against the recovery decision communicated between 30 June and 9 July. The Applicant was contemplating resorting to management evaluation already in July 2021, he, however, requested management evaluation only on 3 November 2021, which was after both deadlines.

A former staff member contesting a decision stemming from his elapsed appointment or contract is, for the purpose of staff rule 11.2, considered a ¡°staff member¡±. As a former staff member, the Applicant was not exempt from submitting a request for management evaluation. Therefore, the Tribunal was not competent to entertain this application.

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s motion for additional pleadings on the basis that exceptional circumstances were not demonstrated. Ä¢¹½ÊÓƵAT held that, contrary to the Appellant¡¯s reasoning, fact-finding panels do not fall in the category of technical bodies under Staff Rule 11. 2(b), nor has the Secretary-General designated fact-finding panels established under ST/SGB/2008/5 as technical bodies. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s finding that the request for management evaluation was a mandatory first step in the judicial process. Ä¢¹½ÊÓƵAT held that the Appellant did not apply for management evaluation as required...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in finding that the Appellant¡¯s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was unable to detect any fault in the Ä¢¹½ÊÓƵDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. Ä¢¹½ÊÓƵAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. Ä¢¹½ÊÓƵAT held that the application was...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in attaching no weight to the medical evidence and in finding that the disciplinary measure imposed was based on an incorrect determination of the nature and gravity of the assault. Ä¢¹½ÊÓƵAT held that there were other more important factors to consider, including the fact that the Appellant was a staff member in charge of local security and that his conduct was an abuse of authority and oppressive of a local inhabitant. Ä¢¹½ÊÓƵAT recalled that the test of proportionality required a comparison between the misconduct and the sanction, not the investigation and disciplinary...

On the Appellant¡¯s claim that the Ä¢¹½ÊÓƵDT Judge was biased, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s specific allegations were not made out and any missteps in the conduct of the hearing did not warrant interference with the result. On the Appellant¡¯s claim that his supervisor harassed him to the extent that his actions were mitigated substantially, Ä¢¹½ÊÓƵAT held that even if the Appellant established that there was a dysfunctional relationship between him and his supervisor, this could not have had the effect of mitigating his actions significantly, such were the scale and duration of his misconduct. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that there was no express rescission of the impugned decision by the Administration. Ä¢¹½ÊÓƵAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. Ä¢¹½ÊÓƵAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its decision, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the matter to Ä¢¹½ÊÓƵDT for proper...