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Ä¢¹½ÊÓƵAT first agreed with the Ä¢¹½ÊÓƵDT that the abolition of post was not a reviewable administrative decision. Second, Ä¢¹½ÊÓƵAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member¡¯s appointment. The staff member¡¯s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a ¡°dry cut.¡± A ¡°dry cut¡± happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT Judgment. The Tribunal explained although there is no expectancy of renewal, renewal of FTAs are ¡°normally¡± for a period of two years ¡°at a time¡±. Because of the words ¡°at a time¡±, the Tribunal cautioned that although a new FTA would supersede a previous one, it would not necessarily subsume the previous one. As such, a subsequent FTA would constitute a separate FTA. However, the Tribunal also highlighted that the applicable law in this case allowed the Administration to renew FTAs for periods less than two years. In conclusion, Ä¢¹½ÊÓƵAT held there...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Postica. Ä¢¹½ÊÓƵAT found no errors in the Ä¢¹½ÊÓƵDT Judgment and dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an application for revision of Judgment No. 2020-Ä¢¹½ÊÓƵAT-1055. Ä¢¹½ÊÓƵAT found that none of the three new facts sought to be relied on by the applicant could have changed the outcome in any decisions entered against him in the Ä¢¹½ÊÓƵRWA DT, and this test being one of four, all of which must exist for a judgment to be revised, Mr. Zaqqout¡¯s application was dismissed.

Ä¢¹½ÊÓƵAT agreed that the application was not receivable ratione materiae. The Tribunal explained that on 21 March 2019, it had become clear to the staff member that the Agency had not shortlisted her for these two posts. This information was confirmed on 21 March 2019 by HR to the staff member. The Tribunal also noted that there were nothing in the communications between the parties indicating that the matter would be reopened or reconsidered. Furthermore, the subsequent email from HR on 8 April 2019 detailing the reasons why she was not selected was not a new administrative decision but rather a...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law by not taking account of evidence implying strongly that there had been an administrative decision by Ä¢¹½ÊÓƵRWA not to pay allowances to those who claimed them as their entitlement, and therefore concluding wrongly that there was no evidence of an administrative decision affecting the Appellant¡¯s rights. However, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT¡¯s Judgment dismissing the Appellant¡¯s claim had to be upheld on grounds of lateness of their request for management evaluation. Ä¢¹½ÊÓƵAT dismissed the appeals and upheld the Ä¢¹½ÊÓƵRWA DT Judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General was correct to bide his time and to await the outcome on the merits before determining whether an appeal was necessary. Ä¢¹½ÊÓƵAT held that the appeal of the Secretary-General was not time-barred. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that Mr. Arango was a former staff member for the purposes of founding jurisdiction over the instant application: At the time of the contested decision not to select him Mr. Arango had been separated from service for more than two years, was no longer a staff member in the...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit any errors when it found that Ms. Wenz¡¯ application was irreceivable ratione materiae and that therefore, it did not have to address the question of whether the application was also irreceivable ratione temporis. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly found that Ä¢¹½ÊÓƵICEF¡¯s participation in mediation efforts did not automatically extend the time limit for filing a request for management evaluation. Ä¢¹½ÊÓƵAT found no fault in the Ä¢¹½ÊÓƵDT¡¯s finding that the Secretary-General was not estopped from raising the issue of receivability. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed...

Ä¢¹½ÊÓƵAT noted that, although the appeal was technically inadequate because the Appellants had failed to specifically identify the errors allegedly committed by the Ä¢¹½ÊÓƵRWA DT, it had previously recognised that if an appellant was not legally represented some latitude may be allowed in the interests of justice. Accordingly, Ä¢¹½ÊÓƵAT held that it would review the merits of the appeal. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT erred on a question of fact that resulted in a manifestly unreasonable decision by failing to consider the full application and the question of when the Appellants received notification of the...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined Mr. Hossain¡¯s request for an in-person hearing and held that Mr. Hossain did not explain, at least sufficiently, why his appeal should be dealt with other than on papers filed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law by rejecting Mr. Hossain¡¯s proceedings other than on their merits and for threshold jurisdictional reasons that it was empowered to examine and assist to establish. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT, while perhaps disposing of the case in an expeditious way, did not do so fairly, or certainly justly, as between the parties. Ä¢¹½ÊÓƵAT admitted on appeal the...