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Ä¢¹½ÊÓƵAT considered an interlocutory appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not ¡°clearly exceed its competence or jurisdiction¡± when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of ¡°appointment, promotion, or termination¡± excluded from interim relief under Article 10. 2 of the Ä¢¹½ÊÓƵDT Statute. Accordingly, Ä¢¹½ÊÓƵAT dismissed the interlocutory appeal as not receivable.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. Ä¢¹½ÊÓƵAT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. Ä¢¹½ÊÓƵAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. Ä¢¹½ÊÓƵAT further held that the Appellant had failed in his grounds of appeal...

Ä¢¹½ÊÓƵAT held that the Appellant did not address any error of fact or law in the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the irregularities in the procedure did not amount to a breach of the Appellant¡¯s due process rights. Ä¢¹½ÊÓƵAT held that it was irrelevant whether the Appellant filed his application before Ä¢¹½ÊÓƵDT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the request for anonymity finding that there were no exceptional circumstances that could warrant departing from the general principles and from the well-established jurisprudence. Ä¢¹½ÊÓƵAT held that the theoretical fear of upcoming uncomfortable relationships between members of the staff did not have merit. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request to file a reply to the Respondent¡¯s answer finding no exceptional circumstances justifying an additional pleading. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s second motion seeking leave to present additional ¡°information¡± which she claimed related to...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT further rejected the staff member¡¯s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erroneously substituted itself for the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General challenging the amount of the award of compensation for moral damages. Ä¢¹½ÊÓƵAT held that the award of moral damages was supported by the evidence before Ä¢¹½ÊÓƵDT and that the amount was not excessive based on that evidence. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s argument that the award in the present case should be compared with awards in similar non-renewal cases. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not committed any error in its assessment of the award of moral damages and that the Secretary-General had not established any ground which would justify Ä¢¹½ÊÓƵAT¡¯s...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. Ä¢¹½ÊÓƵAT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. Ä¢¹½ÊÓƵAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. Ä¢¹½ÊÓƵAT further held...

Ä¢¹½ÊÓƵAT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s claim that Ä¢¹½ÊÓƵRWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT had not addressed the Appellant¡¯s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT could not have converted sua sponte the Appellant¡¯s request for more time into an application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant¡¯s due process rights. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment and...

Ä¢¹½ÊÓƵAT considered the appeal from Thomas et al. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT had not addressed the Appellants¡¯ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT could not have converted sua sponte the Appellants¡¯ request for more time into applications. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants¡¯ due...