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The Secretary-General appealed. Ä¢¹½ÊÓƵAT allowed the Secretary-General¡¯s appeal and set aside the Ä¢¹½ÊÓƵDT¡¯s Judgment. Ä¢¹½ÊÓƵAT held that the correct way to make the comparison to ensure that the minimum increase in net base salary under Staff Rule 3.4(b) is achieved for the staff member is to compare both remunerations shorn of their COL and post adjustment elements and of Ms. Gonzalez Vasquez¡¯s assessments under each. Ä¢¹½ÊÓƵAT found that although not perfect because of the potential variability of Ms. Gonzalez Vasquez¡¯s personal assessments under each, it achieves the required comparator using the GS net...

Mr. Okwir appealed. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly held that the OiC/OIOS had the authority to take the decision not to investigate Mr. Okwir¡¯s allegations. As Section 4.3 of ST/SGB/2019/2 provides that all subdelegations issued by the predecessor shall remain valid unless otherwise withdrawn or modified by the successor, the Ä¢¹½ÊÓƵDT concluded that the mere fact that the new USG/OIOS began her term did not make subdelegations by the predecessor invalid. Ä¢¹½ÊÓƵAT concluded that on 25 October 2019, both the ASG/OIOS and the newly appointed USG/OIOS were competent to make the decision. The new USG...

Ms. Koduru appealed. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in law or fact in concluding that Ms. Koduru¡¯s case was fully and fairly considered. Specifically, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that Ms. Koduru had failed to meet the burden of proof that the decision was based on ulterior motives and a protracted pattern of harassment, as well as to establish a causal link between the alleged incidents and the challenged administrative decision not to renew her fixed-term appointment. Rather, such a decision, as correctly determined by the Ä¢¹½ÊÓƵDT, was a reasonable and proper exercise of the...

Ms. Coleman filed an appeal against the Ä¢¹½ÊÓƵDT Judgment asking that Ä¢¹½ÊÓƵAT reverse the Ä¢¹½ÊÓƵDT findings that (i) the failure to answer Ms. Coleman¡¯s repeated requests for information about her case did not amount to a procedural violation; (ii) Ms. Coleman had failed to provide proof of bias or prejudice; (iii) she was not entitled to moral damages. Ä¢¹½ÊÓƵAT found that the specific grounds of appeal under (i) and (ii) were devoid of any practicality as, even if they were to be accepted by the Appeals Tribunal as legally and factually true, this would not lead to a different ruling having an actual, real...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT found "questionable" the Ä¢¹½ÊÓƵDT¡¯s finding that the investigation reports were not thorough or procedurally fair. Ä¢¹½ÊÓƵAT was satisfied that the manner in which the inquiry was conducted was adequate for the purposes of a preliminary assessment. Ä¢¹½ÊÓƵAT found that in view of the fact that Ms. Rehman was not given or entitled to the reports, the impugned order of the Ä¢¹½ÊÓƵDT essentially required the OIAI to provide a written, reasoned decision setting out the findings and reasons for its assessment that the complaints should not be referred to an investigation. The...

Ms. Coleman appealed. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT noted that in reaching its conclusion that it was reasonable for the Administration to decide that it was not in the interest of the Organization to keep Ms. Coleman on pay status whilst not performing work until the expiry of her fixed-term appointment, the Ä¢¹½ÊÓƵDT considered, inter alia, that: i) she had placed herself in a situation in which she could no longer perform her duties in Pakistan; ii) she had rejected the temporary assignment offered to her in South Soudan; and iii) she was not interested in...

Ä¢¹½ÊÓƵAT considered an application for revision of Judgment No. 2021-Ä¢¹½ÊÓƵAT-1106. With reference to Article 11 of the Ä¢¹½ÊÓƵAT Statute, Ä¢¹½ÊÓƵAT held that it was neither satisfied that the blank tax returns as provided by Mr. Giles¡¯ were unknown to the Ä¢¹½ÊÓƵAT and to the party applying for the revision at the time the relevant Judgment was rendered nor that the blank tax returns were a decisive fact. Ä¢¹½ÊÓƵAT held that the Applicant reiterated arguments he had made previously, which was not the purpose nor intention of an application for revision of judgment. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Silva. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed several errors of law and fact and the decision to reassign Ms. Silva was without procedural flaws. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT¡¯s jurisprudence does not establish a need for prior consultation for every reassignment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had an incorrect understanding of the contested administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it held that the reassignment decision should have been notified in formal writing as it significantly altered Ms. Silva¡¯s terms and conditions of...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred both in not permitting the Appellant to call a witness (AA) and in the incorrect conclusions it drew from her hearsay evidence. Ä¢¹½ÊÓƵAT held that, to the extent that BB (a non-Ä¢¹½ÊÓƵ staff member) was a witness adverse to the Appellant, the failure of the Secretary-General to secure her attendance before the Ä¢¹½ÊÓƵDT permitted an adverse inference which detracted considerably from the credibility and reliability of her allegations in the OIOS investigation report. Ä¢¹½ÊÓƵAT held that little weight could be attached to the evidence of two unidentified Ä¢¹½ÊÓƵ staff members, to whom the...

Mr. Kuate appealed. Ä¢¹½ÊÓƵAT dismissed Mr. Kuate's contention that there was no basis until 1 April 2019, date of the final divorce decision, for the recovery of the allowances on grounds that the Cameroonian judgments were not final until that date. Ä¢¹½ÊÓƵAT found that Order No. 791 contained an enforceability clause and therefore the measures provided in that order went into force with immediate effect. Consequently, Mr. Kuate and his wife legally separated on 26 November 2015 when the order was issued. Also, on the basis of this order, from this day on Mr. Kuate had legal custody for (only) two of...