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Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT and found that the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the staff member¡¯s absence from 18 January 2017 to 26 July 2018 was unauthorized, as she did not provide a duly authorized medical certificate or other justification for her failure to report to work. Ä¢¹½ÊÓƵAT also found that the refusal of the Medical Services Division (MSD) to certify the staff member¡¯s sick leave request after 18 January 2017 was reasonable and that the MSD was the competent technical body to evaluate medical certifications. Ä¢¹½ÊÓƵAT further agreed with Ä¢¹½ÊÓƵDT that the staff member had the...

Ä¢¹½ÊÓƵAT agreed and found the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵDT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s application regarding the implied decision conveyed in a conversation with his colleague was, indeed, not receivable ratione materiae. However, Ä¢¹½ÊÓƵAT held that a later letter of response from the Administration effectively re-set the clock for the Appellant to file his request for management evaluation. Ä¢¹½ÊÓƵAT held that the express decision in the letter, containing the rejection of the Appellant¡¯s complaint and the reasons, therefore, was not a mere confirmation of the previous implied administrative decision, but a new, appealable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered the legality and rationality of the Administration¡¯s conclusion that it was not in its interests to retain the Appellant because he did not possess the relevant language skills. Ä¢¹½ÊÓƵAT held that it was necessary for the Administration to take into consideration the interests, needs, and operational realities of the Organisation when determining the suitability of staff members for a permanent appointment. Ä¢¹½ÊÓƵAT held that there was undoubtedly a rational basis for the denial of a permanent appointment for the Appellant. Ä¢¹½ÊÓƵAT noted that irrespective of whether the Appellant was...

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. Ä¢¹½ÊÓƵAT further affirmed Ä¢¹½ÊÓƵDT¡¯s position that the Appellant¡¯s request for management evaluation was time-barred. Ä¢¹½ÊÓƵAT, however, noted that Ä¢¹½ÊÓƵDT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. Ä¢¹½ÊÓƵAT further noted that this error by Ä¢¹½ÊÓƵDT did not adversely affect...

Ä¢¹½ÊÓƵAT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant¡¯s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of law or fact in dismissing the Appellant¡¯s challenge of the decision not to consider or select him for the position. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the...

On the Applicant¡¯s claim that Ä¢¹½ÊÓƵDT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusions were consistent with the evidence. Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Ahmad¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to reject Mr Ahmad¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was unable to detect any fault in the Ä¢¹½ÊÓƵDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. Ä¢¹½ÊÓƵAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. Ä¢¹½ÊÓƵAT held that the application was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. Ä¢¹½ÊÓƵAT held that the established facts amounted to misconduct on the part of Mr. Nyawa. Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT¡¯s holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting Ä¢¹½ÊÓƵAT intervention...

Ä¢¹½ÊÓƵAT considered an application for execution of judgment No. 2017-Ä¢¹½ÊÓƵAT-798 by Mr. Dibs. Ä¢¹½ÊÓƵAT granted in part the application for execution of judgment and ordered Ä¢¹½ÊÓƵRWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. Ä¢¹½ÊÓƵAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.

Ä¢¹½ÊÓƵAT considered two appeals (consolidated) by Mr ElShanti of judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/051 and judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/065 respectively. On the consolidation of the cases, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party¡¯s right to produce evidence. Accordingly, Ä¢¹½ÊÓƵAT rejected Mr ElShanti¡¯s arguments against consolidation. Ä¢¹½ÊÓƵAT held that there was no merit to Mr ElShanti¡¯s claims that the characterization of the impugned administrative decision was incorrect, noting that Ä¢¹½ÊÓƵRWA...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion to consolidate the cases lawfully and appropriately. Ä¢¹½ÊÓƵAT held that there was a bona fide reason to restructure and that it was operationally rational to abolish the posts and reclassify them from full-time to part-time posts at that time. Ä¢¹½ÊÓƵAT held that the Appellants¡¯ contention that their acquired rights were violated had no merit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT held that the reason upon which Ä¢¹½ÊÓƵDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. Ä¢¹½ÊÓƵAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by Ä¢¹½ÊÓƵDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the Appellant¡¯s claim of constructive dismissal was not receivable. Ä¢¹½ÊÓƵAT held that it was well within Ä¢¹½ÊÓƵDT¡¯s jurisdiction and that Ä¢¹½ÊÓƵDT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant¡¯s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, Ä¢¹½ÊÓƵAT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...

Ä¢¹½ÊÓƵAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before Ä¢¹½ÊÓƵDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman¡¯s Office is not sufficient in this regard. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵJSPF¡¯s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by Ä¢¹½ÊÓƵJSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to Ä¢¹½ÊÓƵAT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, Ä¢¹½ÊÓƵAT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. Ä¢¹½ÊÓƵAT held that Ms. Larriera¡¯s request for review was receivable ratione materiae and that Ms. Larriera¡¯s appeal was...

Ä¢¹½ÊÓƵAT held that the Appellant failed to identify grounds for his appeal. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. Ä¢¹½ÊÓƵAT held that the decision to terminate the Appellant¡¯s appointment on medical grounds was a reasonable and valid exercise of Ä¢¹½ÊÓƵRWA¡¯s discretion. Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...

On the question of the non-renewal of appointment, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that (1) the Appellant¡¯s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant¡¯s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the ¡°decision¡± of the Administration to place adverse material in the Appellant¡¯s official status file and to block him from being rehired, Ä¢¹½ÊÓƵAT held there was no final, appealable...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT found no error of law in Ä¢¹½ÊÓƵRWA DT¡¯s decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. Ä¢¹½ÊÓƵAT held that, by applying objective criteria in the reduction of the staffing levels, Ä¢¹½ÊÓƵRWA adhered to the principles of equality...