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On the amount of compensation in lieu of rescission, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly applied Article 10(5) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that there was no fault with the Ä¢¹½ÊÓƵDT¡¯s award of compensation of USD 2,000, noting that Ä¢¹½ÊÓƵDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. Ä¢¹½ÊÓƵAT held that absent any error of law or manifestly unreasonable factual findings Ä¢¹½ÊÓƵAT would not...

Ä¢¹½ÊÓƵAT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. Ä¢¹½ÊÓƵAT held that the Appellant merely reiterated allegations already thoroughly examined by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate any error in the Ä¢¹½ÊÓƵDT findings such as to warrant its reversal. Ä¢¹½ÊÓƵAT held that there was no merit in the appeal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on a question of law or fact and had identified the relevant administrative decision to trigger the time limits for a request for management evaluation. Ä¢¹½ÊÓƵAT held there was no legal difference between an assignment and a reassignment. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that two different administrative decisions were notified to her was without merit. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that a communication of entitlements and benefits cannot constitute a notification of the underlying administrative decision concerning status was without merit. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT noted that both parties agreed that a redaction of name would only be justified if the Ä¢¹½ÊÓƵDT¡¯s judgment was affirmed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it considered that the identification of Mr. Mobanga by the complainant in the photo array was not reliable on the basis that the use of MONUSCO grounds passes in the array may have influenced the complainant. Noting that all of the photos were marked ¡°MONUSCO¡± and so it did not stand out or influence anyone, Ä¢¹½ÊÓƵAT held that the photographs constituted evidence that...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal by a full bench of Ä¢¹½ÊÓƵAT. The majority of the judges upheld Ä¢¹½ÊÓƵDT¡¯s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for Ä¢¹½ÊÓƵDT¡¯s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the Ä¢¹½ÊÓƵDT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error of law. Ä¢¹½ÊÓƵAT held that the record did not support the finding that the Appellant was notified for the purposes of Staff Rule 11.2(c) during her June 2014 meetings (or any previous ones) with the effect of triggering the time limits thereunder for her request for management evaluation. Ä¢¹½ÊÓƵAT noted that the minutes upon which Ä¢¹½ÊÓƵDT based its finding were unsigned, undated, and not shared with the Appellant at the time. Ä¢¹½ÊÓƵAT noted that the meetings of June 2014 did not have the aim of notification of the administrative decision of the non-renewal of her...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith¡¯s request for management evaluation and the MEU¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and...

Ä¢¹½ÊÓƵAT consolidated the 51 appeals into seven groups heard by seven judicial panels, the first group (Kagizi et al. judgment No. Ä¢¹½ÊÓƵDT/2016/131) being heard by the full bench. Ä¢¹½ÊÓƵAT dismissed the appeals. Ä¢¹½ÊÓƵAT confirmed Ä¢¹½ÊÓƵDT¡¯s finding that the appellants lacked standing to challenge the non-renewal of their appointments in so far as they were deemed to be a direct challenge against the General Assembly¡¯s decision to abolish the posts. Ä¢¹½ÊÓƵAT noted that, while in other aspects, Ä¢¹½ÊÓƵDT regarded the applications as receivable and dealt with the merits of the case, those findings were not substantially...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to terminate Mr Wright¡¯s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. Ä¢¹½ÊÓƵAT held that the administrative decision was no longer a live issue and Ä¢¹½ÊÓƵDT was not competent to pass judgment on the application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found Mr Wright¡¯s application receivable. Ä¢¹½ÊÓƵAT held that in light of the Ä¢¹½ÊÓƵDT¡¯s error in receiving the application, the Ä¢¹½ÊÓƵDT¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. Ä¢¹½ÊÓƵAT held that the administrative decision was no longer a live issue and Ä¢¹½ÊÓƵDT was not competent to pass judgment on the application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found Mr. Crotty¡¯s application receivable. Ä¢¹½ÊÓƵAT held that in light of Ä¢¹½ÊÓƵDT¡¯s error in receiving the application, the Ä¢¹½ÊÓƵDT¡¯s...