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Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant¡¯s application was flawed by procedural irregularities. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before Ä¢¹½ÊÓƵRWA DT. The Appellant¡¯s decision to sign the contract was binding on him as there was no evidence of duress. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s judgment.

Ä¢¹½ÊÓƵAT addressed the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT agreed with the Secretary-General that Ä¢¹½ÊÓƵDT erred on a question of law in substituting its own decision for that of the Administration regarding how the selection process should have been conducted. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had improperly relied on ¡°logic¡± to insert a step into the assessment process that was not required under the staff selection system established under the Staff Regulations and Rules. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had clearly erred on a matter of law and had exceeded its competence by deciding that the DSS/SSS management lacked...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. Ä¢¹½ÊÓƵAT stressed that it was not the task of the JAB or Ä¢¹½ÊÓƵAT to conduct a fresh investigation. Ä¢¹½ÊÓƵAT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the Ä¢¹½ÊÓƵAT RoP and no...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing and the production of documents since there was no need for further clarification. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s contentions regarding the application of the Palestinian Labour Law No. 7 (2000) and the Ä¢¹½ÊÓƵRWA DT¡¯s error in calculating the time limits were misconceived. Ä¢¹½ÊÓƵAT held that, regarding the procedure and timeline involved in challenging administrative decisions, former Ä¢¹½ÊÓƵWRA Area Staff Rule 111. 3, which was in effect at the material time when the Appellant¡¯s contract as a teacher was terminated, was applicable. Ä¢¹½ÊÓƵAT agreed with the...

Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT had not addressed the Appellants¡¯ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT could not have converted sua sponte the Appellants¡¯ request for more time into applications. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants¡¯ due process rights. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment and...

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...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General challenging the compensation for moral damages. Ä¢¹½ÊÓƵAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. Ä¢¹½ÊÓƵAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the appeal was, therefore, moot. Ä¢¹½ÊÓƵAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. Ä¢¹½ÊÓƵAT held that although the Secretary-General¡¯s appeal had no merit, it...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that there was no need for further evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in law and procedure when it did not consider the Appellant¡¯s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. Ä¢¹½ÊÓƵAT held that it was impossible for the Appellant¡¯s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. Ä¢¹½ÊÓƵAT held that the case was similar to the related case disposed...

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the staff member¡¯s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the Ä¢¹½ÊÓƵDT Statute and Staff Rule 11.2(a). Ä¢¹½ÊÓƵAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...

Ä¢¹½ÊÓƵAT had before it an appeal by the staff member limited to the award of compensation. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. Ä¢¹½ÊÓƵAT held that there was no error in this regard. Ä¢¹½ÊÓƵAT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, Ä¢¹½ÊÓƵRWA DT was conscious of the Appellant¡¯s claims for loss of opportunity. Ä¢¹½ÊÓƵAT held that, in view of...

Ä¢¹½ÊÓƵAT had before it the Secretary-General¡¯s appeal against judgment Nos. Ä¢¹½ÊÓƵDT/2013/004 (judgment on receivability) and Ä¢¹½ÊÓƵDT/2013/128 (judgment on the merits). Ä¢¹½ÊÓƵAT held that there was no reason to upset the Ä¢¹½ÊÓƵDT¡¯s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. Ä¢¹½ÊÓƵAT held, affirming Ä¢¹½ÊÓƵDT¡¯s finding, that the Applicant¡¯s application was receivable by Ä¢¹½ÊÓƵDT. Noting that the Applicant commenced employment with Ä¢¹½ÊÓƵICEF less than three months after her separation and with no reduction in level or step from her previous role, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. Ä¢¹½ÊÓƵAT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his Ä¢¹½ÊÓƵDT application, and by corollary should then have removed the written reprimand and all reference to it...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the Ä¢¹½ÊÓƵFPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to Ä¢¹½ÊÓƵFPA. Ä¢¹½ÊÓƵAT rejected Ä¢¹½ÊÓƵDT¡¯s finding that the timing of the decision to terminate the Appellant¡¯s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. Ä¢¹½ÊÓƵAT held that it would be unreasonable to require the Administration to restart the termination...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. Ä¢¹½ÊÓƵAT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. Ä¢¹½ÊÓƵAT held that Mr Hajdari never challenged his separation from service from Ä¢¹½ÊÓƵMIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. Ä¢¹½ÊÓƵAT held that Mr Hajdari¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. Ä¢¹½ÊÓƵAT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion that the application was receivable was without legal basis as was its award of compensation. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT held that the Secretary-General was duty-bound to implement decisions by the ICSC as directed by the General Assembly and that for the most part, such decisions are of general application and therefore not reviewable. Ä¢¹½ÊÓƵAT held, however, that where a decision of general application negatively affects the terms of appointment of a staff member, such decision shall be treated as an ¡°administrative decision¡± within the scope of Article 2. 1 of the Ä¢¹½ÊÓƵDT Statute. Based on the staff member¡¯s Personnel Action Forms, before and after implementation of the ICSC¡¯s renumbering exercise, Ä¢¹½ÊÓƵAT held...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s application for confidentiality. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s contention that the Senior Human Resources Officer did not have the appropriate authority to take the contested decision and that such power lay only with the Director of Administration. Ä¢¹½ÊÓƵAT held, in agreement with Ä¢¹½ÊÓƵDT, that the e-mail from the Senior Human Resources Officer conveyed a clear and definite administrative decision with direct legal consequences for the Appellant. Ä¢¹½ÊÓƵAT held, in agreement with Ä¢¹½ÊÓƵDT, that the subsequent response from the Director of Administration...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that Ä¢¹½ÊÓƵDT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of Ä¢¹½ÊÓƵDT to determine admissibility and weighing of evidence, Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and fact when it failed to draw the necessary inference from...

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 upheld the Secretary-General¡¯s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant¡¯s candidature full and fair consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly applied the standard of judicial review to determine whether the Hiring Manager¡¯s decision that the Appellant was not among the most qualified for the post was reasonable. Ä¢¹½ÊÓƵAT held there was no reason to reverse the findings of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT noted that the Appellant merely repeated the arguments he made before Ä¢¹½ÊÓƵDT and expressed his disagreement with the findings of the Hiring Manager. Ä¢¹½ÊÓƵAT held that...