The staff member appealed seven Ä¢¹½ÊÓƵDT judgments. Ä¢¹½ÊÓƵAT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.
The staff member appealed seven Ä¢¹½ÊÓƵDT judgments. Ä¢¹½ÊÓƵAT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.
Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that no appealable administrative decision was identified by the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly assessed the actions and/or omissions against the definition of an administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in law when it stated that the Administration¡¯s proposed alternative did not qualify as a final decision, nor could it be considered as a decision not to proceed with the rebuttal process. Ä¢¹½ÊÓƵAT held that there was nothing in the Appellant¡¯s written or oral submissions to persuade Ä¢¹½ÊÓƵAT that Ä¢¹½ÊÓƵDT made any error of law or fact in...
Ä¢¹½ÊÓƵAT held that there was no merit in the appeal as Ä¢¹½ÊÓƵDT correctly concluded that applications to Ä¢¹½ÊÓƵDT were only receivable if the applicant had previously submitted the contested administrative decision for management evaluation and that management evaluation was a mandatory first step. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵDT¡¯s finding that the application was moot and thus, not receivable. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s decision to dispose of the issue of compensation as part of another case was a case management decision well within the discretion of Ä¢¹½ÊÓƵDT and caused no injustice to the Appellant. Ä¢¹½ÊÓƵAT observed that it should never have been called on to review the Ä¢¹½ÊÓƵDT¡¯s decision since the fact that the application was moot was obvious. Ä¢¹½ÊÓƵAT held that the Appellant had manifestly abused the appeals process by filing an appeal that was blatantly frivolous. Ä¢¹½ÊÓƵAT opined that the...
Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that applications to the Ä¢¹½ÊÓƵDT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. Ä¢¹½ÊÓƵAT found no merit in the Appellant¡¯s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s consideration that in the event of any ambiguity or contradiction between the Ä¢¹½ÊÓƵDT Statute and the Staff Rules, the former must...
Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal, specifically as to whether Mr Gehr was prejudiced or discommoded by the fact that his rebuttal was conducted by the rebuttal panel established in 2011. Ä¢¹½ÊÓƵAT did not find that Mr Gehr¡¯s obligation to engage with a panel established pursuant to ST/AI/2010/5 was, in and of itself, sufficient to merit an award of compensation, in the absence of specific harm or prejudice arising therefrom. Ä¢¹½ÊÓƵAT held that the breach was not of sufficient seriousness to merit a compensatory award. Ä¢¹½ÊÓƵAT allowed the appeal and vacated the Ä¢¹½ÊÓƵDT judgment in its entirety.
Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. The Secretary-General contended that the Ethics Office¡¯s determination that no credible prima facie case of retaliation had been established was not an administrative decision subject to judicial review under Article 2 of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT noted that the key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member¡¯s terms or conditions of appointment. Ä¢¹½ÊÓƵAT found that, in this case, the recommendation of the Ethics Office had no legal...
As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s motion ¡°for a finding of the Respondent¡¯s dissembling. ¡± With respect to the substance of the appeal, Ä¢¹½ÊÓƵAT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Ä¢¹½ÊÓƵAT addressed both appeals by the Secretary-General in judgment No. 2014-Ä¢¹½ÊÓƵAT-418. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member¡¯s appointment. Ä¢¹½ÊÓƵAT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. Ä¢¹½ÊÓƵAT dismissed the appeals and affirmed...
