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The Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal and granted Mr. Rolli¡¯s cross-appeal in part. The Ä¢¹½ÊÓƵAT found that the rescission of the termination decision ordered by the Ä¢¹½ÊÓƵDT was ¡°pointless¡± since by the time the case had reached the Ä¢¹½ÊÓƵDT, Mr. Rolli¡¯s post had been abolished. The Ä¢¹½ÊÓƵAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...

The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez's appeal. The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez¡¯s argument of apprehension of partiality of the hiring manager claiming that there was an improper motive to unfairly eliminate him. The Appeals Tribunal found that the mere fact that the hiring manager was involved in two selection exercises in which Mr. Ponce-Gonzalez was not successful did not indicate any partiality, but rather a regular exercise of the Administration¡¯s routine of selecting candidates for advertised positions. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in finding no irregularity in...

The Ä¢¹½ÊÓƵAT dismissed the appeal. It held that the Ä¢¹½ÊÓƵDT erred in its consideration of the Administration¡¯s assessment of Mr. Ponce-Gonzalez¡¯s experience against the evaluation criteria; the Ä¢¹½ÊÓƵDT also erred when it rescinded the cancellation of the selection process, invalidating the reason then given that ¡°none of the rostered candidates had met all of the required and desirable criteria of the job opening¡±, and concluding that ¡°at least one of the rostered candidates (the Applicant) met and exceeded all criteria¡±. In so doing, the Ä¢¹½ÊÓƵDT improperly appropriated the discretion of the Secretary...

The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly found not receivable Ms. Raschdorf's application with respect to the non-renewal decision and the ABCC¡¯s decision given Ms. Raschdorf's failure to request management evaluation. The Ä¢¹½ÊÓƵAT found that contrary to Ms. Raschdorf's contention, the non-renewal decision was not taken subsequent to advice from a technical body. As to the ABCC's decision on whether the claim was time-barred, the Ä¢¹½ÊÓƵAT found that that decision was not based on a consideration of a medical evaluation but was concerned with the timeliness of the...

The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT found that AAL was given notice of the need for her to return to the duty station, as well as sufficient opportunity to apply for sick leave. However, she did not request such sick leave, nor did she return to work, leaving no option for the Administration other than to place her on SLWOP. She also failed to provide evidence that there were ¡°compelling personal circumstances¡± so as to engender a decision to allow her to continue to telecommute from outside her official duty station. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in finding that AAL...

The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The Ä¢¹½ÊÓƵAT agreed with the finding of the Ä¢¹½ÊÓƵDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The Ä¢¹½ÊÓƵAT further found that given the nature and the specific facts surrounding Mr. Reiterer¡¯s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The Ä¢¹½ÊÓƵAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The Ä¢¹½ÊÓƵAT found that the staff member¡¯s due...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s argument that the Ä¢¹½ÊÓƵDT applied the incorrect standard of proof is unsubstantiated, as the main facts of the case were undisputed by both parties. She had admitted having used Ä¢¹½ÊÓƵ Womens¡¯ UPS account to send two private shipments abroad, without mentioning any prior authorization. The aggravating and mitigating elements reviewed by the Ä¢¹½ÊÓƵDT were by nature peripheral to the sanction imposed. The Ä¢¹½ÊÓƵAT found that even if it was not appropriate for the Administration to use a prior act of possible misconduct as an aggravating factor (as it was not previously...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly pointed out that the only remedy requested by the staff member in his application to the Ä¢¹½ÊÓƵDT was the rescission of the administrative decision not to transfer him. Only now on appeal does the staff member raise other claims and additionally requests payment of all salaries and benefits from the date of termination to the date of the Ä¢¹½ÊÓƵAT Judgment, including pension benefits and compensation for the material and moral harm inflicted on him, caused by harassment, mistreatment, and unlawful termination. His new requests on appeal cannot be accepted by the...

The Ä¢¹½ÊÓƵAT affirmed the decision of the ITLOS JAB, holding that the ITLOS was not obliged to conclude the recruitment exercise once it had begun, and that it had the authority to cancel the process. The Ä¢¹½ÊÓƵAT was concerned by the change to the recruitment procedure during the course of the contested recruitment, but could not discern how this affected Mr. Savadogo¡¯s candidacy. The Ä¢¹½ÊÓƵAT agreed with the ITLOS JAB that Mr. Savadogo¡¯s allegations of bias against the Registrar in the recruitment were countered by the fact that the President of ITLOS made the significant decisions in the recruitment...