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Ä¢¹½ÊÓƵAT held that the appeal was not receivable because it was not filed within the deadline. Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances for it to waive the time limits. Ä¢¹½ÊÓƵAT was not persuaded that the Appellant did not receive the Ä¢¹½ÊÓƵDT judgment or any notification of the judgment, as he had actual knowledge of the judgment. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s right to due process of law was not violated. Ä¢¹½ÊÓƵAT held that the appeal was not receivable as it was time-barred. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that since the Appellant did not submit her preliminary request for administrative review within the time limit, a time limit which expired before the new Staff Rules came into force, Ä¢¹½ÊÓƵDT had no alternative than to reject her application as not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was not for the head of department to intervene in the evaluation process conducted by the programme manager, the Central Review Body and, where applicable, the panel. Ä¢¹½ÊÓƵAT held that the head of department is not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who have been recognised as qualified. Ä¢¹½ÊÓƵAT held that the Executive Director¡¯s actions disregarded Mr Verschur¡¯s right to benefit from the advantage of being included on the roster for a year and she...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the head of department was not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who had been recognised as qualified. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or fact in ruling that the contested administrative decision was marred by irregularity and ordering the Appellant to be paid compensation equivalent to six months¡¯ base salary as an alternative to the rescission of the improper decision. Ä¢¹½ÊÓƵAT considered that, in this matter, the first judge was...

Ä¢¹½ÊÓƵAT recalled that access to the new system of administration of justice can be extended to persons who are not formally staff members but who can legitimately be entitled to rights similar to those of a staff member. Ä¢¹½ÊÓƵAT held that this exception must be understood in a restrictive sense. Ä¢¹½ÊÓƵAT held that interns have no access to the new system of administration of justice. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before Ä¢¹½ÊÓƵAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration¡¯s withdrawal of the offer of...

Ä¢¹½ÊÓƵAT recalled that Article 10. 5 of the Ä¢¹½ÊÓƵDT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years¡¯ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where Ä¢¹½ÊÓƵDT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. Ä¢¹½ÊÓƵAT stated the principle that Ä¢¹½ÊÓƵDT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes Ä¢¹½ÊÓƵDT¡¯s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request Ä¢¹½ÊÓƵDT to verify the confidentiality of the document in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to Case 2. Ä¢¹½ÊÓƵAT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, Ä¢¹½ÊÓƵAT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. Ä¢¹½ÊÓƵAT held that the award...