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The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had appropriately dismissed Ms. Yu¡¯s application as not receivable ratione temporis. The Ä¢¹½ÊÓƵAT emphasized that because Ms. Yu¡¯s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the Ä¢¹½ÊÓƵDT is located, and therefore, Ms. Yu missed the deadline by one day.

The Ä¢¹½ÊÓƵAT rejected the new arguments and evidence related to the mediation process submitted to the Ä¢¹½ÊÓƵAT for the first time. Even if these were considered, the Ä¢¹½ÊÓƵAT concluded that the mediation did not pertain to the contested decision and therefore did not...

The Ä¢¹½ÊÓƵAT rejected the new arguments and evidence submitted to the Appeals Tribunal for the first time that were aimed to show that Mr. El-Anani had not read the attachment of the e-mail that communicated the disciplinary sanction.

The Ä¢¹½ÊÓƵAT confirmed that, the two Microsoft Outlook notification records acknowledged by Mr. El-Anani indicated that the contested decision had been delivered to and read by him on 28 March 2023 and that he was therefore required to file his application with the Ä¢¹½ÊÓƵDT by no later than 26 June 2023. Since Mr. Al-Anani did not file the application until 28 June 2023...

The Tribunal noted that the Applicant¡¯s challenges/complaints did not derive from one clear administrative decision. The first challenge was addressed to an alleged failure by the Administration to fully comply with sec. 2.4 ST/AI/1998/9 (System for the classification of posts). The second one was based on the Applicant¡¯s apparent assumption that he should have been upgraded/promoted to GS-7 level after the upward reclassification of the post he was encumbering.

As a result, the Tribunal interpreted the application as a whole to determine exactly the starting point of the Applicant¡¯s...

The dispute between the parties relates to whether the Applicant met the condition of satisfactory service during his probationary period to warrant a contractual right to have his FTA converted into a CA. In this context, the Applicant claims that his FRO and SRO did not identify any performance shortcomings during the performance cycle, including at the two ¡°landmark¡± performance discussions they had previously to the contested decision. Allegedly, the first time he heard about any dissatisfaction with his performance was when he was informed that he would not receive a CA and, instead...

The Tribunal finds that by the Applicant¡¯s explicit and direct reference to her previous case from 2021, which the Administration decided with reference to staff rule 12.3(b), she also, at least implicitly, requested an exception to the staff rules under staff rule 12.3(b) in her 18 July 2022 request.

Had the Administration had any doubts regarding the extent of the Applicant¡¯s request, which was indeed phrased in a not very clear manner, it could simply have reached out to the Applicant, who, in her 18 July 2022 request, stated that she was available for providing further information if...

The Ä¢¹½ÊÓƵAT held that the administrative decision concerning reimbursements to the staff member took effect in law on 7 May 2019, when he received the wire transfer from the Organization. The reasons for this reimbursement amount were discussed with him shortly before the wire transfer was made. Although explanations of the underlying calculations were repeated in subsequent email exchanges with the staff member, those repetitions were not additional or new administrative decisions that were open to challenge by the staff member, thereby resetting the statute of limitations.

The Ä¢¹½ÊÓƵAT found...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member¡¯s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the Ä¢¹½ÊÓƵRWA DT with no medical information about AAW's condition at the time of the burglary.

The Ä¢¹½ÊÓƵAT found that the Commissioner-General had clearly and manifestly abused the...

The Ä¢¹½ÊÓƵAT noted that the reclassification request was made by Ä¢¹½ÊÓƵIFIL and not by the staff member.

The Ä¢¹½ÊÓƵAT held that although extensive delays occurred before the request for reclassification was determined by the Administration, no final reclassification decision had been taken at the time the application was filed to the Ä¢¹½ÊÓƵDT by the staff member. Accordingly, since no decision had been made yet, she could not have experienced a direct adverse effect on the terms of her appointment. The fact that there were delays in the reclassification decision does not change the analysis. It is a...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the Ä¢¹½ÊÓƵAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The Ä¢¹½ÊÓƵAT further held that the staff member¡¯s arguments were irrelevant and reiterated those he previously advanced before the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT dismissed the application for revision.

Accountability Referral: The Ä¢¹½ÊÓƵAT noted...

The Ä¢¹½ÊÓƵAT noted that the essence of the administrative decision had been that the staff member was not entitled to cashed-up unused annual leave from a second appointment taken up within 12 months of relinquishing a first appointment after which such leave had been commutated.

The Ä¢¹½ÊÓƵAT observed that the staff member¡¯s request for management evaluation referred to the Administration¡¯s alleged ¡°continued failure¡± to compensate him the commutation of annual leave. The Ä¢¹½ÊÓƵAT found that the reference reinforced a conclusion that it had been the consistent decision conveyed to him over several months...