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Ä¢¹½ÊÓƵAT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the Ä¢¹½ÊÓƵHCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, Ä¢¹½ÊÓƵAT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting a management evaluation. Ä¢¹½ÊÓƵAT dismissed the appeals and affirmed the Ä¢¹½ÊÓƵDT judgments.

Ä¢¹½ÊÓƵAT held that the Appellant did not fall within the exceptional category of participants who exercised their election for a deferred retirement benefit before 1 April 1997 and were therefore entitled to restore their prior contributory service, as the Appellant exercised her election in September 2009. Ä¢¹½ÊÓƵAT held that the Appellant was not entitled to restore her prior contributory service. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s complaint that she did not have access to the Ä¢¹½ÊÓƵJSPF Regulations was unconvincing, given, inter alia, the availability of the Ä¢¹½ÊÓƵJSPF Regulations and Rules on the website. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General of the United Nations. Ä¢¹½ÊÓƵAT held that Mr. Khamis¡¯ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ¡®open¡¯, relationships. Ä¢¹½ÊÓƵAT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. Ä¢¹½ÊÓƵAT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...

Ä¢¹½ÊÓƵAT considered an appeal by Ms. Modey-Ebi. Ä¢¹½ÊÓƵAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. Ä¢¹½ÊÓƵAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

Ä¢¹½ÊÓƵAT granted the appeal by the Secretary-General and vacated the Ä¢¹½ÊÓƵDT Judgment.

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Andrysek. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General was correct to bide his time and to await the outcome on the merits before determining whether an appeal was necessary. Ä¢¹½ÊÓƵAT held that the appeal of the Secretary-General was not time-barred. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that Mr. Arango was a former staff member for the purposes of founding jurisdiction over the instant application: At the time of the contested decision not to select him Mr. Arango had been separated from service for more than two years, was no longer a staff member in the...

Noting that an appeal against an interlocutory order would only be receivable in instances when it is clear and manifest that Ä¢¹½ÊÓƵDT exceeded its jurisdiction or competence, Ä¢¹½ÊÓƵAT actually rejected the Secretary-General¡¯s appeal on the basis that it was moot. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT had since disposed of the underlying case by Order No. 169; (NBI/2020) because the former staff never filed an application with the tribunal, even after being granted an extension.

On appeal, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or fact in accepting estimates from three different hospitals in Turkey, although one such estimate dated in December 2015 (close to the date of the interventions in Geneva, November 2015) and the other two estimates were submitted much later in October 2019. Ä¢¹½ÊÓƵAT held the December 2015 estimate was a fair estimate of the medical costs. Ä¢¹½ÊÓƵAT also rejected the staff member¡¯s argument that a more favourable exchange rate (1 USD : 3 TRY), which was applicable in 2016, should have been applied to the October 2019 estimates. The Tribunal...