Ä¢¹½ÊÓƵ

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 considered appeals against Ä¢¹½ÊÓƵDT judgment Nos. Ä¢¹½ÊÓƵDT/2010/108 and Ä¢¹½ÊÓƵDT/2010/109 jointly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that the Ä¢¹½ÊÓƵDT¡¯s finding of fact was not supported by the evidence or that it was unreasonable. Ä¢¹½ÊÓƵAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

Regarding the allegations that Ä¢¹½ÊÓƵDT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, Ä¢¹½ÊÓƵAT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in rejecting the Appellant¡¯s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵDT/2011/179. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate that Ä¢¹½ÊÓƵDT erred in finding that there was no evidence of a conflict of interest or prejudice to his case. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT has broad discretion to determine the admissibility of any evidence under Article 18. 1 of the Ä¢¹½ÊÓƵDT RoP and that it had exercised its discretion in deciding not to admit the evidence because it lacked probative value. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly found there were no meaningful indicia of a conflict of interest involving the Chief of OSLA regarding the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms Johnson. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s analysis and held that the decision to deny the staff member a refund of the US income tax on her salary and emoluments was unlawful. Ä¢¹½ÊÓƵAT recalled that the US grants foreign tax credits in respect of income tax paid by one of its nationals or permanent residents to another State to relieve the effects of double taxation. Ä¢¹½ÊÓƵAT held that the exclusion of such credits as payment would not only contravene the principle of equality of treatment among staff members if staff members from the...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT did not find that the Applicant was distressed by Ä¢¹½ÊÓƵHCR¡¯s illegal conduct or that he had suffered any adverse consequences or harm from Ä¢¹½ÊÓƵHCR¡¯s procedural error in following the opinion of DSS. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. Ä¢¹½ÊÓƵAT upheld the appeal and reversed the Ä¢¹½ÊÓƵDT judgment regarding the award of damages to the staff member.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against the judgment on the merits (Ä¢¹½ÊÓƵDT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (Ä¢¹½ÊÓƵDT/2011/131). Relying on its previous holding in Bertucci (2011/Ä¢¹½ÊÓƵAT/114), Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Administration violated the Applicant¡¯s due process rights, as no actual prejudice was found. Ä¢¹½ÊÓƵAT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...

Ä¢¹½ÊÓƵAT considered appeals from both the Secretary-General and M Akyeampong on the issue of whether Ms Akyeampong could be denied a promotion on account of the two reprimands. Ä¢¹½ÊÓƵAT held that the two reprimands had not been an obstacle to Ms Akyeampong filling a D-1 position or being recommended for a promotion. Moreover, Ä¢¹½ÊÓƵAT held that the presence of the two reprimands had not debarred her from being promoted during the 2009 annual promotion session. Ä¢¹½ÊÓƵAT allowed Ms Akyeampong¡¯s appeal in part, rescinded the impugned decision and dismissed the Secretary-General¡¯s appeal, with Judge Weinberg de...

Ä¢¹½ÊÓƵAT considered the Applicant¡¯s application for revision of judgment No. 2012-Ä¢¹½ÊÓƵAT-209. Ä¢¹½ÊÓƵAT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that the issuance of another judgment during the same session as which the Applicant¡¯s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. Ä¢¹½ÊÓƵAT held that the application was submitted almost one year...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit any error when it determined that the application before it was not receivable as it was time-barred. Ä¢¹½ÊÓƵAT noted that it was technically improper for Ä¢¹½ÊÓƵDT to analyse the merits of the case after declaring the application time-barred. Ä¢¹½ÊÓƵAT held that even if the appeal had been receivable ratione temporis, the Appellant¡¯s claim could not succeed. Ä¢¹½ÊÓƵAT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. Ä¢¹½ÊÓƵAT dismissed the...