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Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵRWA DT erred in procedure or otherwise exceeded its jurisdiction such as to warrant reversal of the judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT held that there was no reason to differ from Ä¢¹½ÊÓƵRWA DT¡¯s findings that Ä¢¹½ÊÓƵRWA had no reason to refer the Appellant to a medical board and that the issue was not relevant as the Appellant did not contest that he was unfit for service, nor did he allege that his health problems were related to his service with Ä¢¹½ÊÓƵRWA. Ä¢¹½ÊÓƵAT further noted that, as the Appellant was over sixty years of age, he was not eligible for a disability...

Ä¢¹½ÊÓƵAT held that the Appellant had not complied with his obligations under Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that there were no errors of law, fact, or procedure in the Ä¢¹½ÊÓƵRWA DT judgment. Ä¢¹½ÊÓƵAT held that under the relevant Circular, the Administration only had a duty to consider the Appellant¡¯s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT Judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that Ä¢¹½ÊÓƵRWA¡¯s decision not to renew the Appellant¡¯s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. Ä¢¹½ÊÓƵAT held that the irregularities in the assessment of the Appellant¡¯s performance were not sufficiently substantial or consequential so as to rebut...

Ä¢¹½ÊÓƵAT considered an appeal by the staff member and an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT upheld both Ä¢¹½ÊÓƵDT¡¯s finding that the decision to close the investigation was improper as well as Ä¢¹½ÊÓƵDT¡¯s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. Ä¢¹½ÊÓƵAT, however, vacated Ä¢¹½ÊÓƵDT¡¯s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. Ä¢¹½ÊÓƵAT held that ¡°generally speaking, the testimony of an applicant alone without corroboration by...

ArÄ¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. Ä¢¹½ÊÓƵAT held that the inference drawn by Ä¢¹½ÊÓƵRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...

Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵRWA DT finding that the application was not receivable ratione temporis. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of Ä¢¹½ÊÓƵRWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the Ä¢¹½ÊÓƵRWA DT Statute prevents Ä¢¹½ÊÓƵRWA DT from receiving a case which...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT found no reason to differ from the conclusion of Ä¢¹½ÊÓƵRWA DT, that Ä¢¹½ÊÓƵRWA could not have considered the Appellant as having the requisite international experience. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. Ä¢¹½ÊÓƵAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. Ä¢¹½ÊÓƵAT held that the...

Ä¢¹½ÊÓƵAT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by Ä¢¹½ÊÓƵRWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. Ä¢¹½ÊÓƵAT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant¡¯s post. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly treated the question of the Appellant¡¯s additional work in light of PD A/3 related to the parallel education programme...

Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT upheld the findings of Ä¢¹½ÊÓƵRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. Ä¢¹½ÊÓƵAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. Ä¢¹½ÊÓƵAT found no procedural irregularity or any error in law on the part of Ä¢¹½ÊÓƵRWA DT...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s finding. Ä¢¹½ÊÓƵAT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. Ä¢¹½ÊÓƵAT accepted the Ä¢¹½ÊÓƵRWA DT¡¯s finding that there was a genuine redundancy situation. Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.