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Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal and the staff members¡¯ cross-appeal. Ä¢¹½ÊÓƵAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, Ä¢¹½ÊÓƵAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. Ä¢¹½ÊÓƵAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. Ä¢¹½ÊÓƵAT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that Ä¢¹½ÊÓƵRWA DT committed an error of fact or law warranting intervention by Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT also found that the Appellant failed to demonstrate any error in Ä¢¹½ÊÓƵRWA DT¡¯s finding and had not provided any evidence in support of his claims that the Agency¡¯s...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. Ä¢¹½ÊÓƵAT accordingly found that Ä¢¹½ÊÓƵRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, Ä¢¹½ÊÓƵAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that the Administration¡¯s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. Ä¢¹½ÊÓƵAT noted that the phrase ¡°suitable posts¡± is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to Ä¢¹½ÊÓƵDT only challenged the decision to terminate his appointment in 2014. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s holding that there was no nexus between the reassignment and the abolition of the Appellant¡¯s post. Ä¢¹½ÊÓƵAT also agreed with Ä¢¹½ÊÓƵDT¡¯s finding that Ä¢¹½ÊÓƵFPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request to overturn the impugned judgment on the sole ground of...

Ä¢¹½ÊÓƵAT held that the lack of the nationality requirement on the Appellant¡¯s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, Ä¢¹½ÊÓƵAT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the RoP. Ä¢¹½ÊÓƵAT held that Toure is binding precedent on Ä¢¹½ÊÓƵDT as it applied to the Appellant¡¯s case and found no fault with Ä¢¹½ÊÓƵDT¡¯s judgment.

Ä¢¹½ÊÓƵAT considered the appeal of the consolidated applications. With respect to the first issue, Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the Appellant had failed to establish that the decision not to confirm his appointment as TDSE Advisor and to transfer him to his previous post was unlawful. Ä¢¹½ÊÓƵAT noted that there was no merit in the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT failed to examine the relevant facts and to apply legal and regulatory provisions to his performance evaluations during his probationary period. Ä¢¹½ÊÓƵDT also noted that the review of the Appellant¡¯s performance assessments...

Ä¢¹½ÊÓƵAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. Ä¢¹½ÊÓƵAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

Ä¢¹½ÊÓƵAT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. Ä¢¹½ÊÓƵAT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, Ä¢¹½ÊÓƵAT found the appeal to be defective and not allowed. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s judgment.