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Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. Ä¢¹½ÊÓƵAT referred to Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. Ä¢¹½ÊÓƵAT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. Ä¢¹½ÊÓƵAT accordingly rejected the Appellant¡¯s request for compensation. Ä¢¹½ÊÓƵAT also referred to Article 9(2) of...

MOn the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the application was receivable in its entirety, as each of the three decisions taken on ALWOP were distinct and the Appellant failed to seek management evaluation of the first and second decisions. Ä¢¹½ÊÓƵAT held the application was only receivable ratione materiae in respect of the third and last decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that no exceptional circumstances existed to warrant the extension of the Appellant¡¯s ALWOP was a material error of law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that 12 months ALWOP was...

Ä¢¹½ÊÓƵAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before Ä¢¹½ÊÓƵDT, or demonstrate its relevance and materiality. On the merits, Ä¢¹½ÊÓƵAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. Ä¢¹½ÊÓƵAT held that knowledge of the...

Ä¢¹½ÊÓƵAT held that the appeal was defective for failure to identify errors made by Ä¢¹½ÊÓƵRWA DT. However, noting that the Appellant was self-represented, Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT erred in finding that Ä¢¹½ÊÓƵRWA had properly exercised its discretion in transferring the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in its assessment of the alleged victim¡¯s credibility. Ä¢¹½ÊÓƵAT held that, contrary to Ä¢¹½ÊÓƵRWA DT¡¯s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA erred in its assessment of the Appellant¡¯s credibility, in particular...

Ä¢¹½ÊÓƵAT held that the Appellant failed to identify grounds for his appeal. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. Ä¢¹½ÊÓƵAT held that the decision to terminate the Appellant¡¯s appointment on medical grounds was a reasonable and valid exercise of Ä¢¹½ÊÓƵRWA¡¯s discretion. Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...

The Appellant sought reversal of the Ä¢¹½ÊÓƵDT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. Ä¢¹½ÊÓƵAT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. Ä¢¹½ÊÓƵAT held that the Appellant failed to submit a request for management evaluation. Ä¢¹½ÊÓƵAT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. Ä¢¹½ÊÓƵAT dismissed the appeal and...

As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the Ä¢¹½ÊÓƵDT judgment insofar as it had not been appealed against, Ä¢¹½ÊÓƵAT denied the motion on the basis that execution should have been requested before Ä¢¹½ÊÓƵDT. On the Appellant¡¯s motion to strike assertions and evidence, Ä¢¹½ÊÓƵAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, Ä¢¹½ÊÓƵAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

Ä¢¹½ÊÓƵAT held that the Appellant did not meet her burden of proving that Ä¢¹½ÊÓƵDT clearly exceeded its jurisdiction or competence when it reassigned the cases. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal¡¯s processes and within the Ä¢¹½ÊÓƵDT¡¯s jurisdiction. Ä¢¹½ÊÓƵAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not clearly exceed its jurisdiction and the appeals were not receivable. Ä¢¹½ÊÓƵAT also noted that it does...