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Ä¢¹½ÊÓƵAT held that there was no basis for receiving the Appellant¡¯s motion for additional pleadings (such as exceptional circumstances), that the motion raised no new or compelling arguments and, accordingly, dismissed the motion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the application was time-barred and not receivable as a result of the Appellant¡¯s failure to file his application within the established time limits. Ä¢¹½ÊÓƵAT noted that the Appellant had been provided two opportunities to make his case before Ä¢¹½ÊÓƵDT and on both occasions, he failed to provide the information. Ä¢¹½ÊÓƵAT held that failing...

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2017-Ä¢¹½ÊÓƵAT-737 filed by Ms Likukela. As a preliminary matter, Ä¢¹½ÊÓƵAT denied her motion to supply additional filings. Ä¢¹½ÊÓƵAT held that Ms Likukela presented no new and/or decisive fact which at the time the judgment was rendered was unknown within the meaning of Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT dismissed the application for revision and affirmed the Ä¢¹½ÊÓƵAT judgment.

Ä¢¹½ÊÓƵAT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that a response (or non-response) to a request for management evaluation is a decision or action of a complementary nature, lacking in the qualities of finality and consequence, and thus will not constitute an administrative decision that is alleged to be in non-compliance with the terms of appointment or contract of employment as contemplated in Article 2(1) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in its finding that the application was not receivable ratione materiae and that it hence lacked jurisdiction.

Ä¢¹½ÊÓƵAT considered the appeal of the Secretary-General. Ä¢¹½ÊÓƵAT held that the paragraphs of the Ä¢¹½ÊÓƵDT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in holding that the application for interpretation was receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have dealt with the claim for interest in its judgment, but it omitted to do so. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence by wrongly applying Article 12(3) of the Ä¢¹½ÊÓƵDT Statute to alter the substance of its final ruling by...

Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, Ä¢¹½ÊÓƵAT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its findings that the Application was not receivable. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the case to Ä¢¹½ÊÓƵDT for consideration on the merits.

Ä¢¹½ÊÓƵAT held that the appeal was defective in that it failed to invoke the jurisdiction of Ä¢¹½ÊÓƵAT under Article 2(1) of the Ä¢¹½ÊÓƵAT Statute by not asserting that Ä¢¹½ÊÓƵDT had either exceeded its jurisdiction or competence, failed to exercise its jurisdiction, erred on a question of law, committed an error of procedure, such as to affect the decision of the case, or erred a question of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that the Appellant also failed to comply with the requirements of Article 8(2) of the Ä¢¹½ÊÓƵAT RoP by not providing a brief explaining the legal basis of any of...

Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, Ä¢¹½ÊÓƵAT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. Ä¢¹½ÊÓƵAT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT found no reason to differ from the conclusion of Ä¢¹½ÊÓƵRWA DT, that Ä¢¹½ÊÓƵRWA could not have considered the Appellant as having the requisite international experience. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. Ä¢¹½ÊÓƵAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. Ä¢¹½ÊÓƵAT held that the...

On the Appellant¡¯s claim for his name not to appear in the Ä¢¹½ÊÓƵAT judgment, Ä¢¹½ÊÓƵAT held that, due to the fact that his name had been in the public domain for a long time as a result of the publication of many court documents related to his cases before Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT, it would be pointless to order redaction. Ä¢¹½ÊÓƵAT held that the Appellant failed to give any compelling reason as to why confidentiality should be granted and denied his request for confidentiality. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT fully and fairly considered the merits of his case and was in no doubt as to its substance. Ä¢¹½ÊÓƵAT held that there was no...