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Ä¢¹½ÊÓƵAT affirmed the findings of Ä¢¹½ÊÓƵDT that Mr Adundo¡¯s application was receivable. Ä¢¹½ÊÓƵAT then considered the merits of the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that, contrary to the findings by Ä¢¹½ÊÓƵDT that the guidelines were violated as the duration of the weapons restriction was not mentioned within the communications between the Chief of the Security and Safety Service and Mr Adundo, it was clear that the restriction would remain in force until Mr Adundo was ¡°ready to obey lawful commands¡±, which was for him to attend weapons training for a security breach. Ä¢¹½ÊÓƵAT upheld the Secretary-General¡¯s...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that while only final judgments of the Ä¢¹½ÊÓƵDT are appealable, exceptions may be made when Ä¢¹½ÊÓƵDT has clearly exceeded its jurisdiction or competence regarding interlocutory orders. Ä¢¹½ÊÓƵAT held that an order denying an application for suspension of action does not constitute Ä¢¹½ÊÓƵDT exceeding its jurisdiction. Ä¢¹½ÊÓƵAT further noted that Ä¢¹½ÊÓƵDT correctly found that it had no jurisdiction to grant the application under Article 10(2) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that the appeal was not receivable ratione materiae.

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT made both factual and legal errors when it concluded that 15 March 2013 was the date on which the Appellant received notification of the administrative decision within the meaning of Staff Rule 11.2(c). Ä¢¹½ÊÓƵAT noted that 18 April 2013 was the date on which the Appellant received notification of the administrative decision not to renew her fixed-term appointment, which is when the 60-day period began to run under Staff rule 11.2(c). Ä¢¹½ÊÓƵAT noted that the Appellant made her request for management evaluation within the 60 days of 18 April 2013, thus...

Ä¢¹½ÊÓƵAT considered all arguments made on appeal. Ä¢¹½ÊÓƵAT noted that the Secretary-General failed to demonstrate errors of fact or law in Ä¢¹½ÊÓƵDT¡¯s findings. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s findings that the Approving Authority¡¯s request for clarification from the Selection Panel was not in accordance with the staff selection procedures set forth in Section 5.5 of CF/EXD/2009-009 and that this request obviously resulted in the Selection Panel changing its recommendation. Ä¢¹½ÊÓƵAT noted that, with regard to Section 9 of CF/AI/2010-001, the 22 September 2011 memorandum did not provide a basis for the Approving...

Ä¢¹½ÊÓƵAT considered both of the Appellant¡¯s cases in their judgment. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵRWA DT erred in deciding that the decision to close the cases arising from the Appellant¡¯s complaints was lawful. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT¡¯s decision was justified based on careful consideration of the Appellant¡¯s arguments and evidence gathered during the investigation. However, Ä¢¹½ÊÓƵAT held that the characterization of the decision to terminate the Appellant¡¯s fixed-term appointment as a disciplinary measure tainted the process to such a significant degree that it rendered the decision...

Ä¢¹½ÊÓƵAT first considered the receivability of the appeal and held that it was receivable, pursuant to Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT further held that the Ethics Office is limited to making recommendations, which are not administrative decisions subject to judicial review, to the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made no error in dismissing the applications on the ground that the Ethics Office matters were not administrative decisions subject to judicial review. Ä¢¹½ÊÓƵAT acknowledged that the Ethics Office failed in its duty to make a recommendation pursuant to Section 5.7 of ST/SGB/2005/21...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that the fundamental right in Article 16.1 of the Universal Declaration of Human Rights consists of the freedom to marry or not to marry, in a religious ceremony or in a non-religious ceremony. However, Ä¢¹½ÊÓƵAT also noted that a staff member cannot assert that a marriage concluded through any means or in any place must lead to the award of entitlements by the Organization and, if it does not, that such a decision violates his or her freedom to marry. Ä¢¹½ÊÓƵAT found that the Appellant had choices with respect to his marital status and that it was not the United...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT made an error of fact, resulting in an unreasonable decision when it found that the Appellant submitted her request for decision review. Ä¢¹½ÊÓƵAT found that the evidence showed that Ä¢¹½ÊÓƵRWA DT did not make a factual error when it found that the request for decision review was made on 7 July 2014. Ä¢¹½ÊÓƵAT noted that, as the request for decision review was submitted on 7 July 2014, the time for the Appellant to file an application for judicial review expired 120 days thereafter, on 4 November 2014. Ä¢¹½ÊÓƵAT found that the Appellant¡¯s application for judicial review was not...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant¡¯s application was flawed by procedural irregularities. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before Ä¢¹½ÊÓƵRWA DT. The Appellant¡¯s decision to sign the contract was binding on him as there was no evidence of duress. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s judgment.

Ä¢¹½ÊÓƵAT preliminary denied the Appellant¡¯s motions for leave to respond to the answer to the appeal and his request for production of documents and evidence, on grounds that there were no exceptional circumstances. Ä¢¹½ÊÓƵAT then considered the merits of the appeal. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s decision that the investigation was not ultra vires. Whilst the Special Representative of the Secretary-General did not initiate the investigation, the nature of Chief Conduct and Discipline Team duties gave him authority to refer the matter to SIU for investigation. Even if the initiation of the investigation gave...