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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, Ä¢¹½ÊÓƵAT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. Ä¢¹½ÊÓƵAT held that the award...

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 held that the Appellant simply stated that he suffered harm following the decision not to reclassify his post but did not provide any evidence of harm to his career or morale. Ä¢¹½ÊÓƵAT held that compensation may only be awarded if it has been established that the staff member actually suffered damages. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no nexus between the emotional distress of preparing for the exam and the impugned decision as the preparation took place prior to the decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that the contradictory information received by Ms Mirkovic and the lack of responses from the Chief of the Examinations and Tests Section added to her stress and injury was not supported by the facts, noting that written confirmation of what the Chief had told her was not required in order for her to request management evaluation. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and Ä¢¹½ÊÓƵAT, therefore, upheld the findings of Ä¢¹½ÊÓƵDT on this point. On compensation, Ä¢¹½ÊÓƵAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. Ä¢¹½ÊÓƵAT held that the Administration¡¯s offer of USD 1,000 was...

The Appellant appealed the Ä¢¹½ÊÓƵRWA DT judgment failure to consider several points and to address compensation. Ä¢¹½ÊÓƵAT held that the Appellant did not identify any of the requisite grounds in his appeal. Ä¢¹½ÊÓƵAT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s decision not to award compensation on the basis that there was no evidence in support of the Appellant¡¯s claim of psychological suffering. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that Ä¢¹½ÊÓƵDT erred on questions of law and fact and exceeded its competence in awarding damages. Ä¢¹½ÊÓƵAT held that the reasonable expectation of the duration of Mr Andreyev¡¯s contract was one year and reduced the award of compensation in lieu of rescission. Ä¢¹½ÊÓƵAT held that there was no evidence of harm to support the award for moral damages. Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s appeal, reduced the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission to nine months¡¯ net base salary, less...

Ä¢¹½ÊÓƵAT held that the Appellant did not address any error of fact or law in the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the irregularities in the procedure did not amount to a breach of the Appellant¡¯s due process rights. Ä¢¹½ÊÓƵAT held that it was irrelevant whether the Appellant filed his application before Ä¢¹½ÊÓƵDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT further rejected the staff member¡¯s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erroneously substituted itself for the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, Ä¢¹½ÊÓƵAT reversed Ä¢¹½ÊÓƵDT¡¯s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...