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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 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 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 affirmed Ä¢¹½ÊÓƵDT¡¯s finding and held that ¡°the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision¡± all support the conclusion that the Administration¡¯s response to a request for management evaluation is not a reviewable decision. Ä¢¹½ÊÓƵAT noted that the response to a request for management evaluation is an opportunity for the Administration to resolve a staff member¡¯s grievance without litigation and not a fresh decision. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal. Ä¢¹½ÊÓƵAT found that it was uncontested that the Respondent had a fixed-term appointment and emphasized that there is no expectancy of renewal of fixed-term appointments. Ä¢¹½ÊÓƵAT held that the Respondent could not rely on general statements to assume that her contract would be renewed and that she was even encouraged to apply for positions that would be published in the coming weeks. Ä¢¹½ÊÓƵAT also found that there was no illegality or abuse in the decision to abolish the Respondent¡¯s post and to not renew her fixed-term appointment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding no need for further clarification of the issues. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT agreed that Article 24(a) Ä¢¹½ÊÓƵJSPF Regulations does not provide a right to restore prior contributory service to participants who, on or after 1 April 2007, had elected to receive a deferred retirement benefit. Ä¢¹½ÊÓƵAT held that the Appellant fell into this category. The appeal was dismissed, and the decision of the Standing Committee was affirmed.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had made no error in finding that as a General Service staff member at the G-5 level, the Applicant was not eligible to apply for the vacancy advertised in the JO, which was a post in the Professional category at the P-5 level and that, therefore, the disputed decision had no legal consequences affecting him and no effect on his rights and terms of employment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in its finding that the Appellant was not claiming a right to be consulted as an individual staff member, but rather, in his capacity as a staff representative. Ä¢¹½ÊÓƵAT held that there was...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵDT¡¯s conclusion that the Appellant¡¯s G-6 post, funded through government contributions, no longer exist on the 1st of August 2013, the day after the expiration of her appointment. Ä¢¹½ÊÓƵAT held that the reason provided for the non-extension of appointment was supported by the evidence. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s finding that there was no evidence provided to support the allegation that the contested decision was ill-motivated. Ä¢¹½ÊÓƵAT dismissed the appeal the...

Ä¢¹½ÊÓƵAT held that the appeal concerned the interpretation of Article 35 of the Ä¢¹½ÊÓƵJSPF Regulations. Ä¢¹½ÊÓƵAT found that the Appellant wanted the Standing Committee to accept the period of contributory service with the Fund in order to calculate his own benefit but to take into account a different period vis-¨¤-vis his former spouse. Ä¢¹½ÊÓƵAT held that Articles 35bis and 22 of the Ä¢¹½ÊÓƵJSPF Regulations were clear and that it could not distinguish where the text was clear. Ä¢¹½ÊÓƵAT held that the same date would apply to the calculation of the Appellant¡¯s benefits and the determination of whether his former spouse...