Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by the Appellant of judgment No. Ä¢¹½ÊÓƵRWA/DT/2015/003. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member¡¯s claim and rights, solving the previous irregularity. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

Ä¢¹½ÊÓƵAT considered appeals of both judgment Nos. Ä¢¹½ÊÓƵRWA/DT/2014/026 (judgment on the merits) and Ä¢¹½ÊÓƵRWA/DT/2014/051 (judgment on revision). Ä¢¹½ÊÓƵAT held that the appeal against the judgment on the merits was filed out of time and was not receivable. Ä¢¹½ÊÓƵAT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held that the appeal constituted an impermissible attempt to reargue the merits of the case. Ä¢¹½ÊÓƵAT held that the fact upon which the Appellant had based his revision application did...

Ä¢¹½ÊÓƵAT had before it an application for correction of judgment and an application for interpretation of judgment for judgment No. 2015-Ä¢¹½ÊÓƵAT-499, both submitted by Mr Fedorchenko. Ä¢¹½ÊÓƵAT held that Mr Fedorchenko¡¯s applications did not come within the criteria set forth in the relevant statutory provisions. On the application for correction, Ä¢¹½ÊÓƵAT held that Mr Fedorchenko did not cite any clerical or arithmetical mistake to justify a correction of judgment and failed to identify any meaning or scope of the judgment to justify interpretation or identify which sentences or words were unclear or...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT allowed the appeal on the grounds that Ä¢¹½ÊÓƵDT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. Ä¢¹½ÊÓƵAT held that it disagreed with Ä¢¹½ÊÓƵDT on the matter of receivability and that there was no administrative decision capable of being appealed before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT affirmed, albeit on different grounds, the Ä¢¹½ÊÓƵDT award of compensation to Mr Pirraku. Ä¢¹½ÊÓƵAT observed that the issues surrounding Mr Pirraku¡¯s non-promotion should not have been presented to, or addressed by, Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the issues regarding Mr Pirraku¡¯s non-promotion were the subject of a settlement and release agreement reached through mediation and, as such, were not subject to judicial review. Ä¢¹½ÊÓƵAT held that the issue for Ä¢¹½ÊÓƵDT¡¯s determination was the execution of the settlement agreement. Ä¢¹½ÊÓƵAT held that the issues of...

Ä¢¹½ÊÓƵAT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. Ä¢¹½ÊÓƵAT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant¡¯s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the Appellant¡¯s challenge which related to the comments of...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT set out the correct legal framework, but thereafter erroneously reviewed the evidence and interfered with the administrative discretion, since Ä¢¹½ÊÓƵRWA had established the misconduct by clear and convincing evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law in its evaluation of the evidence and that Ä¢¹½ÊÓƵRWA had established the existence of the facts warranting disciplinary sanction. Ä¢¹½ÊÓƵAT held that the procedure and the subsequent decision were lawful and there was no basis to rescind the termination or to award any...

Ä¢¹½ÊÓƵAT considered appeals by both Mr Aliko and the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that Mr Aliko¡¯s application contesting the decision refusing his request to change nationality for Ä¢¹½ÊÓƵ purposes was time-barred. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in rejecting as not receivable Mr Aliko¡¯s claims against the decisions on his ineligibility for education grant and on education grant recovery. Ä¢¹½ÊÓƵAT held that it was lawful for the Administration to use Mr Aliko¡¯s pending entitlements to recover part of his indebtedness to the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of Ä¢¹½ÊÓƵAT, Ä¢¹½ÊÓƵAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. Ä¢¹½ÊÓƵAT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in concluding that the imposed disciplinary sanction was disproportionate and consequently substituting it for a lesser one. Ä¢¹½ÊÓƵAT held that serious misconduct was established and the disciplinary measure of separation from service without termination indemnity was proportionate. Ä¢¹½ÊÓƵAT noted that the misconduct put public health at risk as the food was distributed with altered expiration dates to hide the fact of its expiration. Ä¢¹½ÊÓƵAT held that the imposed sanction was neither absurd nor disproportionate and...

Ä¢¹½ÊÓƵAT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke¡¯s rights. Ä¢¹½ÊÓƵAT held that no illegality occurred and that the appointment was entirely within the Administration¡¯s discretion, which was not abusive. Ä¢¹½ÊÓƵAT allowed the Secretary-General¡¯s appeal, vacated the Ä¢¹½ÊÓƵDT judgment and dismissed Mr Nwuke¡¯s cross-appeal.

Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Bastet. Ä¢¹½ÊÓƵAT held that the disciplinary measure was regularly adopted by an individual properly vested with the delegated authority to make that decision and that therefore, the imposition of the disciplinary measure was valid and its rescission as ordered by Ä¢¹½ÊÓƵDT had to be vacated. Ä¢¹½ÊÓƵAT upheld the appeal from the Secretary-General, accepting the argument that Staff Rule 10. 1(c) expressly provided that the authority to impose disciplinary measures was vested in the Secretary-General or officials with delegated authority and did not...

On the question of maintaining confidentiality, Ä¢¹½ÊÓƵAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. Ä¢¹½ÊÓƵAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member¡¯s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. Ä¢¹½ÊÓƵAT held that the specific provisions of ICAO¡¯s personnel instruction should have led to a...

Ä¢¹½ÊÓƵAT considered Mr Gakumba¡¯s application for revision of judgment No. 2013-Ä¢¹½ÊÓƵAT-387. Ä¢¹½ÊÓƵAT held that it did not fulfil the statutory requirements and was seemingly disguised as an attempt to re-open the case. Ä¢¹½ÊÓƵAT held that it would be manifestly unreasonable to submit that the Ä¢¹½ÊÓƵDP Conversion Policy issued in 2010 could not be argued by the staff member in 2012 before the Ä¢¹½ÊÓƵDT, or in 2013 before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that no valid reason had been provided about the untimely submission of the application for revision. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. Ä¢¹½ÊÓƵAT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with Ä¢¹½ÊÓƵDP to take up an appointment with a different entity (Ä¢¹½ÊÓƵV), thereby causing a break in service. Ä¢¹½ÊÓƵAT held that this break in service should have led Ä¢¹½ÊÓƵDT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. Ä¢¹½ÊÓƵAT further noted that Ms Carrabregu¡¯s service to Ä¢¹½ÊÓƵV could not be...

Ä¢¹½ÊÓƵAT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the termination of the Appellant¡¯s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. Ä¢¹½ÊÓƵAT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to...

Ä¢¹½ÊÓƵAT held that the Appellant did not succeed in establishing any error of fact or law that would warrant reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the non-selection of the Appellant was not vitiated by any improper motive. Ä¢¹½ÊÓƵAT noted that, even if the alleged flaws were to be considered irregularities, they would not be important enough to render the proceedings null or to reflect a violation of rights and actual harm or discrimination suffered by the Appellant. Ä¢¹½ÊÓƵAT held that no compensation should be awarded to the Appellant, as no illegality or breach of...

Ä¢¹½ÊÓƵAT considered the appeals by the Secretary-General challenging Ä¢¹½ÊÓƵDT¡¯s determination that the decision not to investigate Ä¢¹½ÊÓƵSU election matters was receivable. Ä¢¹½ÊÓƵAT held by majority that the appeal was not receivable, based on jurisprudence that a party may not appeal against a judgment in which it has prevailed. Ä¢¹½ÊÓƵAT noted that although Ä¢¹½ÊÓƵDT reviewed the merits of the decision despite the Secretary-General¡¯s argument that the decision was not receivable ratione materiae, Ä¢¹½ÊÓƵDT found in favour of the Secretary-General. Ä¢¹½ÊÓƵAT held that, as there was no negative impact to the Secretary-General...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵJSPF correctly applied Article 45 of the Ä¢¹½ÊÓƵJPSF Regulations and relied on an internationally binding judgment about spousal and child support, issued by an Austrian court, which was not contradicted by the divorce decree issued by a Portuguese court. Ä¢¹½ÊÓƵAT found no error of law or fact such as to vitiate the contested decision and upheld Ä¢¹½ÊÓƵJSPF¡¯s ¡°reasoned and well-founded decision.¡± Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵJPSB decision.

Ä¢¹½ÊÓƵAT found that the Appellant and her counsel were provided with an adequate opportunity to file an application in a timely manner, but failed to do so, causing her application before Ä¢¹½ÊÓƵRWA DT to be non-receivable. Ä¢¹½ÊÓƵAT further held that, even if it were to disregard the untimely submission of the application before Ä¢¹½ÊÓƵRWA DT, the application would remain non-receivable because the Appellant did not seek in a timely manner the required request for review of the contested administrative decision she intended to overturn. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.