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Ä¢¹½ÊÓƵAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before Ä¢¹½ÊÓƵAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration¡¯s withdrawal of the offer of...

Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s appeal on the basis that Ä¢¹½ÊÓƵDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT took an ultra petita decision by ordering measures for which no claim had been made.

Ä¢¹½ÊÓƵAT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that Ä¢¹½ÊÓƵDT declined to award pecuniary damages, Ä¢¹½ÊÓƵAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of Ä¢¹½ÊÓƵDT such as would entitle Ä¢¹½ÊÓƵAT to interfere with the findings of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT was satisfied that the Appellant had been properly compensated for moral damages. Ä¢¹½ÊÓƵAT held t that the substantive and procedural breaches identified by Ä¢¹½ÊÓƵDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the termination of the Appellant¡¯s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. Ä¢¹½ÊÓƵAT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that Ä¢¹½ÊÓƵDT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. Ä¢¹½ÊÓƵAT noted that an award under Article 10(5)(a) of the Ä¢¹½ÊÓƵDT Statute is alternative...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal regarding whether Ä¢¹½ÊÓƵDT erred in ordering both an extension of Mr Sannoh¡¯s appointment and payment of a termination indemnity. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵMIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member¡¯s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. Ä¢¹½ÊÓƵAT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. Ä¢¹½ÊÓƵAT also noted that Mr Bali was encouraged by the Office of Human Resources Management¡¯s (OHRM) advocacy and information...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...