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Ä¢¹½ÊÓƵAT found the Ä¢¹½ÊÓƵDT correctly reviewed and rescinded the contested decision because of the procedural irregularities encountered during the investigation. But in addition to the procedural issues, Ä¢¹½ÊÓƵAT also noted there were other significant errors. The Tribunal found that the panel erred when it sought to determine the Medical Officer¡¯s intent during the breast examination. The panel had previously concluded that there was no clear and convincing evidence that the actions of the Medical Officer during the breast examination were sexual in nature. Referring to Section 1.3 of ST/SGB/2008/5, the...

The staff member submits that the ¡°decisive fact¡± which was unknown to him and to the Appeals Tribunal was the erroneous interpretation and application from case to case of Article 10(5) of the Ä¢¹½ÊÓƵRWA DT Statute, Regulation 11.3 of the Ä¢¹½ÊÓƵRWA International Staff Regulations and Article 9(1)(a) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT disagreed that a variance in the interpretation or application of the law from case to case constitute a ¡°decisive fact¡± that would warrant revision. The Tribunal dismissed the application, finding that it did not meet the statutory requirements and that it was in fact a disguised...

Ä¢¹½ÊÓƵAT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, Ä¢¹½ÊÓƵAT disagreed with the staff member that the Ä¢¹½ÊÓƵDT...

Appeals dismissed, Ä¢¹½ÊÓƵDT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General¡¯s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not reviewable. The Secretary-General¡¯s implementation of that decision was an administrative decision as it was not a general policy but had individual adverse impact per staff member via their payslips and was therefore receivable. While receivable, the ICSC decision...

Ä¢¹½ÊÓƵAT granted the application for correction. The Tribunal stated that the misidentification of the superior was an accidental error and was factually incorrect. The Tribunal, however, added that this error had little or no bearing on the outcome of the case. Regarding the request for further explanation on the Judgment, Ä¢¹½ÊÓƵAT dismissed the request finding that the Judgment is comprehensible and that this was a mere attempt by the staff member to criticize the Judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law or in failing to take into account in that calculation the probable length of Mr Dabbour¡¯s tenure in that role which was known to have been of a fixed duration of three years. Ä¢¹½ÊÓƵAT held that, although the Ä¢¹½ÊÓƵRWA DT in Mr Dabbour¡¯s case had recorded its conclusions on some of these considerations, it did not do so at all in respect of others making it difficult, if not impossible, to ascertain objectively how it reached the apparently modest figure of compensation in lieu of recission of USD 1,000. Ä¢¹½ÊÓƵAT held that there was nothing to indicate why Ä¢¹½ÊÓƵRWA DT did...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in stating that it had no jurisdiction as Mr Kebede¡¯s claim concerned the internal affairs of the staff union, and therefore, an area protected from employer interference. Ä¢¹½ÊÓƵAT held, however, that error was without consequence because Mr Kebede¡¯s claim for compensation was otherwise time-barred per Staff Rule 3.17(ii). Ä¢¹½ÊÓƵDT also erred in finding that Mr Kebede¡¯s application for a transfer was not receivable for lack of jurisdiction.

Ä¢¹½ÊÓƵAT found no fault with the Ä¢¹½ÊÓƵDT¡¯s reasoning that the letter of 24 November 2017 was unambiguous and unconditional about the separation of Ms Patkar upon the expiration of her appointment and agreed that the letter conveyed the final decision of the Administration not to renew her appointment. Ä¢¹½ÊÓƵAT held that the letter produced a direct adverse consequence which was not contingent upon the possibility of Ms Patkar¡¯s selection for any other position. Nor did the relevant provision in the letter that the non-renewal decision would cease to be applicable if Ms Patkar should be selected for...

Ä¢¹½ÊÓƵAT held the staff member¡¯s appeal of the Ä¢¹½ÊÓƵDT Judgment was defective as it failed to identify any of the five grounds of appeal set out in Article 2.1 of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT ruled that the appellant had failed to explain why the dismissal of his application by the Ä¢¹½ÊÓƵDT was erroneous. Additionally, Ä¢¹½ÊÓƵAT also held that it found no error in the practice of the Ä¢¹½ÊÓƵDT to dismiss an application for want of prosecution when there is sufficient reason to assume that the applicant is no longer interested in the litigation, based on Article 19 (Case management) and Article 36 (Procedural matters not...

Ä¢¹½ÊÓƵAT agreed that the Secretary-General has implied discretion to revoke benefits if a staff member does not satisfactorily furnish evidence of continued eligibility of existing entitlements, which may arise because of a change in circumstances. Ä¢¹½ÊÓƵAT also found that Ä¢¹½ÊÓƵDT did not err when it held that the legal frameworks for the two benefit systems are different and that the decisions made under the two legal regimes need not be consistent. Article 33 of the Ä¢¹½ÊÓƵSPF Regulations does not require proof of a loss of earning capacity and the requirement of ¡°incapacitation¡± is a purely medical...