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Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. Ä¢¹½ÊÓƵAT found no reason to differ from Ä¢¹½ÊÓƵDT¡¯s approach. Ä¢¹½ÊÓƵAT supported Ä¢¹½ÊÓƵDT¡¯s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. Ä¢¹½ÊÓƵAT suggested that Ä¢¹½ÊÓƵDT and the Registries...

Ä¢¹½ÊÓƵAT held that the appeal was defective in that it failed to invoke the jurisdiction of Ä¢¹½ÊÓƵAT under Article 2(1) of the Ä¢¹½ÊÓƵAT Statute by not asserting that Ä¢¹½ÊÓƵDT had either exceeded its jurisdiction or competence, failed to exercise its jurisdiction, erred on a question of law, committed an error of procedure, such as to affect the decision of the case, or erred a question of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that the Appellant also failed to comply with the requirements of Article 8(2) of the Ä¢¹½ÊÓƵAT RoP by not providing a brief explaining the legal basis of any of...

Ä¢¹½ÊÓƵAT considered appeals from both the Secretary-General and Mr Chhikara. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their ¡°key¡± answers, which directly related to the written test which Mr Chhikara failed. Ä¢¹½ÊÓƵAT held that, by rejecting Mr Chhikara¡¯s request for the missing evidence and judging the case without it, Ä¢¹½ÊÓƵDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. Ä¢¹½ÊÓƵAT noted that the interests of justice and judicial economy may be...

Ä¢¹½ÊÓƵAT held that the appeal was receivable as the Appellant had partially prevailed before Ä¢¹½ÊÓƵDT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, Ä¢¹½ÊÓƵAT held that there was no fault in the Ä¢¹½ÊÓƵDT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that the Ä¢¹½ÊÓƵDT committed any error...

Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵRWA DT erred in procedure or otherwise exceeded its jurisdiction such as to warrant reversal of the judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT held that there was no reason to differ from Ä¢¹½ÊÓƵRWA DT¡¯s findings that Ä¢¹½ÊÓƵRWA had no reason to refer the Appellant to a medical board and that the issue was not relevant as the Appellant did not contest that he was unfit for service, nor did he allege that his health problems were related to his service with Ä¢¹½ÊÓƵRWA. Ä¢¹½ÊÓƵAT further noted that, as the Appellant was over sixty years of age, he was not eligible for a disability...

Ä¢¹½ÊÓƵAT held that the Appellant had not complied with his obligations under Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that there were no errors of law, fact, or procedure in the Ä¢¹½ÊÓƵRWA DT judgment. Ä¢¹½ÊÓƵAT held that under the relevant Circular, the Administration only had a duty to consider the Appellant¡¯s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT Judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that Ä¢¹½ÊÓƵRWA¡¯s decision not to renew the Appellant¡¯s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. Ä¢¹½ÊÓƵAT held that the irregularities in the assessment of the Appellant¡¯s performance were not sufficiently substantial or consequential so as to rebut...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. Ä¢¹½ÊÓƵAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

Ä¢¹½ÊÓƵAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which was limited to the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission, which he claimed was excessive. Ä¢¹½ÊÓƵAT held that since the Secretary-General did not contest Ms Sarrouh¡¯s claim for compensation before Ä¢¹½ÊÓƵDT, he could not raise the issue on appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. Ä¢¹½ÊÓƵAT held that in the absence of any error of law or manifestly...