Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in excluding documents from the OSF and by ordering compensation for alleged damages not related to any established illegality. Ä¢¹½ÊÓƵAT held that, even if the irregularities and delays in the appraisal procedure were so serious that they rendered the ¡­ evaluations meaningless, it did not mean that they should not be kept in the OSF. Ä¢¹½ÊÓƵAT held that they, together with the corrective substitute reports or decisions, should all be kept in order to explain the whole process. Ä¢¹½ÊÓƵAT, therefore, held that Ä¢¹½ÊÓƵDT had erred in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that, at the time Ä¢¹½ÊÓƵICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the staff member¡¯s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration¡¯s decision to reverse the decision was untimely and ineffective. Ä¢¹½ÊÓƵAT held that there was no reason to reverse Ä¢¹½ÊÓƵDT¡¯s finding that the staff member had been deprived of a...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed a substantial error in procedure in not granting due process of law to the Administration. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have issued a default ¡°Summary judgment¡± on the merits of the case. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment. The case was remanded to another Ä¢¹½ÊÓƵDT Judge to be tried on its merits after both parties have had the opportunity to make...

Ä¢¹½ÊÓƵAT considered three appeals by Mr Bastet against Order No. 96 (NY/2013), Order No. 58 (GVA/2013)), and Order No. 160 (GVA/2013). Regarding Ä¢¹½ÊÓƵDT Order No. 96 (NY/2013), Ä¢¹½ÊÓƵAT held that the decision to transfer the Appellant¡¯s case to Geneva fell squarely within the jurisdiction and competence of Ä¢¹½ÊÓƵDT. Regarding the second complaint, namely that Ä¢¹½ÊÓƵDT exceeded its competence and/or erred in law, fact, or procedure in restricting disclosure of documents and witnesses, Ä¢¹½ÊÓƵAT held that to order, or not to order certain documents also fell within the discretion of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that as a consequence of the Ä¢¹½ÊÓƵ Income Tax Unit¡¯s (ITU) unlawful decision, the staff member had been harmed in the amount of the foreign tax credits he was required to use since he no longer had use of these credits to reduce his or his wife¡¯s income tax liability in future years. Ä¢¹½ÊÓƵAT held that the staff member¡¯s claim for a refund was not moot, as Ä¢¹½ÊÓƵDT had correctly determined. Ä¢¹½ÊÓƵAT held that there was no basis to the Secretary-General¡¯s claim that the ITU did not need to provide a refund of the foreign tax credits to the staff...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to show that Ä¢¹½ÊÓƵDT exceeded its discretion in matters of case management. Ä¢¹½ÊÓƵAT noted that it was indisputable that the Appellant had made a request to Ä¢¹½ÊÓƵDT for his witness to be called. Ä¢¹½ÊÓƵAT found that there was no mention of any witness in the Ä¢¹½ÊÓƵDT judgment and that it was not clear that Ä¢¹½ÊÓƵDT had considered that evidence. Ä¢¹½ÊÓƵAT held that the Appellant should have been given the opportunity to call his witness or given an explanation by Ä¢¹½ÊÓƵDT for not calling the witness. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed an error of procedure, such as to affect the decision...

Regarding the non-selection for the Programme Budget Officer post, Ä¢¹½ÊÓƵAT held that the Appellant had failed to produce sufficient evidence to prove the impropriety in the decision making. Ä¢¹½ÊÓƵAT held that the Appellant had also failed to put forward any specific evidence substantiating her claim of discrimination, bias, and retaliation to warrant a reversal of the Ä¢¹½ÊÓƵDT¡¯s findings. Regarding the cancellation of the Administrative Officer post, Ä¢¹½ÊÓƵAT held that the Administration had provided sufficient evidence to show that the cancellation of the post was based on Organisational and budgetary...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that no reasonable or objective analysis of Mr Luvai¡¯s submissions to management, prior to his application to Ä¢¹½ÊÓƵDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai¡¯s firearm licence, Ä¢¹½ÊÓƵDT exceeded its competence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate any error of law or fact committed by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held that the appeal was not based on any of the grounds set out in Article 2. 1 of the Special Agreement between the United Nations and Ä¢¹½ÊÓƵRWA and that Ä¢¹½ÊÓƵAT, therefore, had no jurisdiction to hear the appeal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered both the two appeals by the Secretary-General and two cross-appeals by Mr Charles in judgment No. 2014-Ä¢¹½ÊÓƵAT-416. Ä¢¹½ÊÓƵAT held that that Section 9 of ST/AI/2010/3 was clear in giving the head of department/office the discretion to make a selection decision from candidates included in the roster. Ä¢¹½ÊÓƵAT held that it was not open to Ä¢¹½ÊÓƵDT to conclude that Section 9. 4 required the head of department/office to first review all non-rostered candidates before selecting a rostered candidate. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in deciding that the appointment of the rostered candidates was...