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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred on a question of fact by finding that the three-year ban on promotion ¡°influenced¡± the Applicant¡¯s decision to resign. Ä¢¹½ÊÓƵAT noted that, three months after the Applicant¡¯s resignation, the Administration revoked the third part of the sanction, the three-year ban on promotion, acting in line with Ä¢¹½ÊÓƵAT¡¯s jurisprudence concerning the illegality of that measure because it was not provided for in the former Staff Rules applicable at the time. Ä¢¹½ÊÓƵAT held that the modification of the imposed measures did not entail a...

Ä¢¹½ÊÓƵAT held that that Ä¢¹½ÊÓƵDT had correctly established that the silence of the Ä¢¹½ÊÓƵEP management constituted an implied administrative decision and that this decision was taken on 31 August 2009. Ä¢¹½ÊÓƵAT held the Appellant¡¯s request for management evaluation was time-barred and that the application was, therefore, not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. Ä¢¹½ÊÓƵAT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former Ä¢¹½ÊÓƵ Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. Ä¢¹½ÊÓƵAT held that the staff member needed to make a request for review of the administrative...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall¡¯s conduct into question. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in law and fact in determining otherwise. Ä¢¹½ÊÓƵAT held that there was no basis in law or fact for the pronouncements made by Ä¢¹½ÊÓƵDT in paragraphs 112-113 of its judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had applied an unduly restrictive...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was correct in applying Former Ä¢¹½ÊÓƵRWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant¡¯s pay-out and that Ä¢¹½ÊÓƵRWA DT had not erred in this regard. Ä¢¹½ÊÓƵAT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant¡¯s situation had no merit and had been raised for the first time on appeal. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate that Ä¢¹½ÊÓƵRWA DT had erred in finding that the Appellant¡¯s terms and conditions of employment are governed solely and exclusively by the Agency...

Ä¢¹½ÊÓƵAT considered the appeals by the Secretary-General and by Mr Abubakr. Regarding the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the Administration had failed to address Mr Abubakr¡¯s complaint of harassment and discrimination with the required due diligence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in law and fact in choosing not to recognize, in any way meaningful, the majority of the actions relied on by the Secretary-General to address Mr Abubakr¡¯s complaints. Ä¢¹½ÊÓƵAT held that, by virtue of the ¡°dysfunctional¡± work of the Panel on Discrimination and Other Grievances (PDOG), Mr Abubakr...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Regarding the evidence on which the disciplinary measure was based, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had failed to appreciate the fact that the women who had been sexually exploited or abused came from a highly sensitive cultural background and were socially vulnerable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT failed to consider the fact that the staff member, as Officer-in-Charge of Security of MINURSO, had a particular duty of care towards women and children, pursuant to Section 7 of ST/SGB/1999/13. Ä¢¹½ÊÓƵAT held that the established facts amounted to sexual exploitation. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. Ä¢¹½ÊÓƵAT noted that the Appellant had not requested such an extension of the time limit. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly decided that the request for management evaluation was not receivable as it was time-barred. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had interpreted Articles 19 and 35 of the Ä¢¹½ÊÓƵDT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. Ä¢¹½ÊÓƵAT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the Ä¢¹½ÊÓƵDT decision under appeal. Ä¢¹½ÊÓƵAT held that the Appellant, consequently, failed to establish that Ä¢¹½ÊÓƵDT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. Ä¢¹½ÊÓƵAT held that the evidence...