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Ä¢¹½ÊÓƵAT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. Ä¢¹½ÊÓƵAT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant¡¯s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the Appellant¡¯s challenge which related to the comments of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by considering as mitigating factors the recommendation of Mr Jaffa¡¯s immediate supervisors that his actions warranted a reprimand and the fact that Mr Jaffa continued to perform for two further years (with positive reviews). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching sufficient importance to the fact that Mr Jaffa held a position of trust as a Finance Assistant. Ä¢¹½ÊÓƵAT held that the Secretary-General had not overlooked relevant mitigating factors in imposing the sanction of separation from service. Ä¢¹½ÊÓƵAT held that it...

The Appellant appealed the Ä¢¹½ÊÓƵRWA DT judgment failure to consider several points and to address compensation. Ä¢¹½ÊÓƵAT held that the Appellant did not identify any of the requisite grounds in his appeal. Ä¢¹½ÊÓƵAT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s decision not to award compensation on the basis that there was no evidence in support of the Appellant¡¯s claim of psychological suffering. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was...

Ä¢¹½ÊÓƵAT had before it an appeal against both Order No. 63 (GVA/2014) and Summary judgment No. Ä¢¹½ÊÓƵDT/2014/061. On the Appellant¡¯s additional filings and motions to submit additional pleadings, Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances that warranted the inclusion of any of the additional material in the appeal and denied the motions. On the Appellant¡¯s motion requesting Ä¢¹½ÊÓƵAT to intervene in matters which fell outside the scope of the appeal, Ä¢¹½ÊÓƵAT denied the motion. On the Appellant¡¯s appeal of Order No. 63 (GVA/2014), Ä¢¹½ÊÓƵAT rejected the appeal on the basis that her appeal grounds did...

Ä¢¹½ÊÓƵAT held that there was no error in the Ä¢¹½ÊÓƵRWA DT decision that the Appellant did not challenge a discretionary administrative decision that breached the terms of his appointment, rather, he was challenging the rule providing for the manner in which separation benefits should be calculated, including the applicable interest rate. Ä¢¹½ÊÓƵAT held that the Appellant did not challenge an appealable administrative decision in that he did not contest a unilateral decision taken by the administration in a precise individual case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly held that the publication of interest...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s appeal was filed on time and was receivable. Ä¢¹½ÊÓƵAT held that, since the parties agreed to and identified the facts in their Joint Statement, it was not open to Ä¢¹½ÊÓƵDT to conduct its own evaluation and then to substitute its view for that of the parties. Ä¢¹½ÊÓƵAT held that the misconduct was of a grave and serious nature and in those circumstances, the sanction of separation was reasonable and not disproportionate and/or arbitrary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it reversed the Secretary-General¡¯s decision to...

Ä¢¹½ÊÓƵAT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found the decision to deny Mr Nartey¡¯s request to grant him a lien on his post was an abuse of authority. Ä¢¹½ÊÓƵAT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it concluded that the impugned decision was retaliatory. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that Ä¢¹½ÊÓƵDT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of Ä¢¹½ÊÓƵDT to determine admissibility and weighing of evidence, Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and fact when it failed to draw the necessary inference from...

Ä¢¹½ÊÓƵAT held that it was satisfied that the rejection of the application as not receivable was correct on the basis that the Appellant did not seek decision review within the mandatory time period, which meant that Ä¢¹½ÊÓƵRWA DT was precluded in law from considering the merits of his application. Ä¢¹½ÊÓƵAT held that the Appellant did not identify how the Ä¢¹½ÊÓƵRWA DT judgment was in any way defective or demonstrated that Ä¢¹½ÊÓƵRWA DT erred in relation to its jurisdiction or committed an error of fact or law or procedure such as would warrant intervention by Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it applied Ä¢¹½ÊÓƵICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion that the non-renewal decision was vitiated by Ä¢¹½ÊÓƵICEF¡¯s failure to take remedial measures to improve Mr Assale¡¯s performance was without legal basis. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erroneously concluded that both the Chad Country...