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The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-Ä¢¹½ÊÓƵAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. Ä¢¹½ÊÓƵAT...

On an appeal by the Secretary-General, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the applications were receivable. Ä¢¹½ÊÓƵAT noted that Article 2(1) of the Ä¢¹½ÊÓƵDT Statute limits the Ä¢¹½ÊÓƵDT¡¯s jurisdiction to hearing appeals against administrative decisions. Ä¢¹½ÊÓƵAT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. Ä¢¹½ÊÓƵAT noted that, with the...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. Ä¢¹½ÊÓƵAT accordingly found that Ä¢¹½ÊÓƵRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, Ä¢¹½ÊÓƵAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

Ä¢¹½ÊÓƵAT considered an application for interpretation of judgment No. 2017-Ä¢¹½ÊÓƵAT-774 filed by Mr Awe. The application was admitted in part. Ä¢¹½ÊÓƵAT ordered the Secretary-General to send a corrected version of the meeting minutes and of the FFP¡¯s findings to all the recipients of the 22 January 2014 meeting minutes. Ä¢¹½ÊÓƵAT held that its judgment did not address the question of whether Mr Awe could request disciplinary actions against Ms Yasin, or whether he could claim compensation for procedural errors in case such actions have not been undertaken since these issues were the subject of Mr Awe¡¯s separate...

Ä¢¹½ÊÓƵAT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the Ä¢¹½ÊÓƵAT judgment. Ä¢¹½ÊÓƵAT held that there was no need to order execution as the judgment had been executed in full since the order of rescission did not require execution by the Secretary-General. Ä¢¹½ÊÓƵAT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. Ä¢¹½ÊÓƵAT held that there was no merit in Mr Kallon¡¯s request for execution and, therefore, dismissed his request for costs against the Secretary-General for abuse...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that the application contesting the decision to recover overpayments was not receivable ratione temporis was correct since the Appellant waited nearly two years until filing his application to the Ä¢¹½ÊÓƵDT, which was clearly outside the time limit. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the Appellant¡¯s application against the decision to reject retroactive payment of dependency allowance for his adopted children was not receivable ratione materiae because the Appellant failed to request management evaluation within the time limits provided in Staff Rule 11. 2. Ä¢¹½ÊÓƵAT dismissed the...

Ä¢¹½ÊÓƵAT denied the request for an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the application was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. Ä¢¹½ÊÓƵAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. Ä¢¹½ÊÓƵAT held that the appeal was not receivable ratione materiae, considering that the Ä¢¹½ÊÓƵDT Statute, in unequivocal terms, provides that the decision of Ä¢¹½ÊÓƵDT on an application for suspension of action shall not be subject to appeal. Ä¢¹½ÊÓƵAT dismissed the...

Ä¢¹½ÊÓƵAT held that the appeal was not receivable ratione temporis, as he did not file it within the prescribed time limits. Ä¢¹½ÊÓƵAT noted that even if the Appellant had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred by Article 7.4 of the Ä¢¹½ÊÓƵAT Statute and was therefore not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT 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 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 the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith¡¯s request for management evaluation and the MEU¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to terminate Mr Wright¡¯s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. Ä¢¹½ÊÓƵAT held that the administrative decision was no longer a live issue and Ä¢¹½ÊÓƵDT was not competent to pass judgment on the application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found Mr Wright¡¯s application receivable. Ä¢¹½ÊÓƵAT held that in light of the Ä¢¹½ÊÓƵDT¡¯s error in receiving the application, the Ä¢¹½ÊÓƵDT¡¯s...

Ä¢¹½ÊÓƵAT vacated Ä¢¹½ÊÓƵDT¡¯s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, Ä¢¹½ÊÓƵAT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...

Ä¢¹½ÊÓƵAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-Ä¢¹½ÊÓƵAT-750 (Kagizi et al. ) and therefore Ä¢¹½ÊÓƵAT adopted the reasoning from its prior judgment at paragraphs 18-27. Ä¢¹½ÊÓƵAT dismissed the appeals and affirmed the Ä¢¹½ÊÓƵDT judgments.

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s application for an oral hearing. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not committed an error of procedure by denying the Appellant an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before Ä¢¹½ÊÓƵDT with specific consideration of the following: Ä¢¹½ÊÓƵDT¡¯s denial of the proceedings to be conducted in French; Ä¢¹½ÊÓƵDT¡¯s dismissal of objections to English translations in the application and other documents, Ä¢¹½ÊÓƵDT¡¯s issuance of its judgment before having the Secretary-General¡¯s reply...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s motion for leave to file additional pleadings on the basis that the Appellant had not demonstrated any exceptional circumstances. Ä¢¹½ÊÓƵAT decided to strike out the Appellant¡¯s additional submission and not to take it into consideration. Ä¢¹½ÊÓƵAT found no fault in the Ä¢¹½ÊÓƵJSPF Standing Committee¡¯s decision which was in full accord with the Ä¢¹½ÊÓƵJSPF Regulations. Ä¢¹½ÊÓƵAT held that the Appellant was neither entitled to an increase in his pension benefit nor to a retroactive payment for the period of his reemployment as there is no legal basis for retroactive payment of these...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to contesting the award by Ä¢¹½ÊÓƵDT of three months¡¯ net base salary as compensation for damage to Ms Haroun¡¯s career prospects. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun¡¯s separation from service. Ä¢¹½ÊÓƵAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Administration had failed to provide a performance-related justification for its decision not to renew Mr Ncube¡¯s fixed-term appointment. Ä¢¹½ÊÓƵAT held that the decision not to renew Mr Ncube¡¯s appointment had to be upheld despite the fact that his e-PAS suffered from procedural irregularities as it did not consider that the flaws rendered the appraisal unlawful or unreasonable. Ä¢¹½ÊÓƵAT considered that the decision not to renew the appointment was justified because the Secretary-General proved that the...