Ä¢¹½ÊÓÆµ

2015-Ä¢¹½ÊÓÆµAT-564

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT held that, while it may be argued that the Appellant did not request her transfer to Amman, she consented to it, and the transfer was effected for her personal convenience. Ä¢¹½ÊÓÆµAT held that the text of Ä¢¹½ÊÓÆµRWA Area Staff Rule 107. 9 was clear and that Ä¢¹½ÊÓÆµRWA DT correctly concluded that she was not entitled to the payment which she sought. Ä¢¹½ÊÓÆµAT held that, contrary to the Appellant¡¯s submissions, Ä¢¹½ÊÓÆµRWA DT did not exclude her evidence. Recalling the broad discretion of Ä¢¹½ÊÓÆµRWA DT to ascertain the weight to attach to the evidence before it, Ä¢¹½ÊÓÆµAT noted that Ä¢¹½ÊÓÆµRWA found that the Appellant¡¯s evidence did not demonstrate, in and of itself, that the Appellant had a right to payment of the entitlements. Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµRWA DT¡¯s finding that the Appellant had not demonstrated how the circumstances or conditions of employment of other staff members were relevant to her situation and Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT did not err in this regard. Ä¢¹½ÊÓÆµRWA DT found no error of law or error of fact, manifest or otherwise, on the part of Ä¢¹½ÊÓÆµRWA DT. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT correctly found that the Appellant¡¯s claims for payment of outstanding travel subsistence allowance (TSA) as well as the additional issues she raised had not been the subject of decision review and thus were not receivable. Ä¢¹½ÊÓÆµAT dismissed the appeal and upheld the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested, inter alia, the decision not to pay her entitlements upon her change of duty station, her exclusion from the short-list for three posts and alleged abuse of power by human resources. Ä¢¹½ÊÓÆµDT dismissed the application.

Legal Principle(s)

An appealable decision is one that has a direct impact and produces direct legal consequences on a staff member, affecting his or her terms of appointment or contract of employment.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.