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The Ä¢¹½ÊÓƵAT noted that the staff member had telecommuted from his home country for the entire academic year. The Ä¢¹½ÊÓƵAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The Ä¢¹½ÊÓƵAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...

The Ä¢¹½ÊÓƵAT dismissed the application for revision, finding that none of the alleged new facts were ¡°new facts¡± for the purpose of Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. The alleged new facts either occurred after the issuance of the Ä¢¹½ÊÓƵAT Judgment, were known to the Appeals Tribunal, or matters of law.

The Ä¢¹½ÊÓƵAT granted the application for correction in part, to the extent that the Ä¢¹½ÊÓƵAT agreed with Ms. Raschdorf's argument that an error arose in paragraph 44 of the Ä¢¹½ÊÓƵAT Judgment where the Ä¢¹½ÊÓƵAT wrongly referred to the Advisory Board on Compensation Claims instead of the Pension Fund.

Finally, the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly identified several procedural irregularities in the contested decision. Pursuant to paragraph 9 of the Department of Internal Oversight Services (DIOS) Technical Instruction 02/2016 on Ä¢¹½ÊÓƵRWA¡¯s Investigation Policy (DTI 02/2016), the investigation should have been authorized within 10 days of the Intake Committee¡¯s report; yet here, the authorization to investigate took 11 months to be given. The Ä¢¹½ÊÓƵAT found that this delay was so excessive that it would distress an average person.

Analyzing the evidence presented by the staff member regarding the...

The Applicant was under the obligation to act with a minimum level of probity, impartiality, fairness, honesty and truthfulness as required by the established facts (staff regulation 1.2(b)). Also, if it is found that an actual or possible conflict of interest arose out of these facts, the Applicant was obliged to disclose this conflict to his head of office in order to allow Ä¢¹½ÊÓƵVMC to mitigate its impact and resolve it in accordance with its own best interests (staff regulation 1.2(m)). Finally, if the Applicant¡¯s involvement in a matter could result in an actual or potential conflict of...

Considering the circumstances, the most appropriate remedy would be to rescind the contested decision (in comparison, see the Appeals Tribunal in Lucchini 2021-Ä¢¹½ÊÓƵAT-1121 and Rolli 2023-Ä¢¹½ÊÓƵAT-1346).

It is standard practice and courtesy in the Organization that, albeit fixed-term appointments, per definition, do not carry any expectancy of renewal under staff rule 4.13(c), a staff member whose fixed-term appointment is not to be renewed is to receive a pre-notification concerning the non-extension, at least 30 days before its expiry. The Respondent has not argued or submitted any documentation...

The Applicant¡¯s argument that the former staff rule 3.17(b) (now staff rule 3.15) was/is relevant for purposes of computation of the time within which she should have sought management evaluation is flawed. The former staff rule 3.17(b) (now staff rule 3.15) relates to retroactivity of payments, and not to the issue of increase of step which is what her application is about.

The main issue for the Tribunal¡¯s consideration in this case related to whether the abolishment of the Applicant¡¯s post leading to the non-renewal of his fixed-term appointment was lawful.

The Tribunal defined the issues to be examined in the present case as follows:

Whether the restructuring was genuine;
The evidence on record showed that the restructuring was done within the framework of the Ä¢¹½ÊÓƵ Secretariat-wide transition of Enterprise Information and Communication Technology (¡°ICT¡±) services to the cloud. ESCAP made strategic changes to implement this new approach, leading to the...

The Ä¢¹½ÊÓƵAT held that the staff member did not fulfil the requirements for revision of the prior Ä¢¹½ÊÓƵAT Judgment. The Ä¢¹½ÊÓƵAT found that no new fact was advanced by the staff member that had been unknown either to him or the Ä¢¹½ÊÓƵAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. The Ä¢¹½ÊÓƵAT was of the view that his application for revision amounted to a restatement of the material already placed before the Ä¢¹½ÊÓƵAT, which had been considered and rejected, and constituted an attempt to have the appeal, which had been disposed of, re-heard de...

The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT correctly held that Mr. Qasem's application before the Ä¢¹½ÊÓƵDT challenging the decision to place him on administrative leave with pay was filed untimely and was therefore not receivable ratione temporis. Furthermore, his application contesting the decision to conduct various investigations of him was not receivable ratione materiae in the absence of a request for decision review.

The Ä¢¹½ÊÓƵAT held that the facts upon which the staff member relied in his application for revision all post-dated the Ä¢¹½ÊÓƵAT Judgment and therefore could not serve as a basis for revising or reconsidering the Ä¢¹½ÊÓƵAT¡¯s prior conclusions. In particular, the Ä¢¹½ÊÓƵAT found that the staff member¡¯s medical record, indicating a change in his condition after the issuance of the Ä¢¹½ÊÓƵAT Judgment, did not constitute grounds for revising it.

However, the Ä¢¹½ÊÓƵAT granted the staff member¡¯s request for anonymity for the present Judgment only, given the limited scope of the issues raised and the specific facts...