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Ä¢¹½ÊÓƵAT considered appeals from both the Secretary-General and Ms Fuentes. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found her appeal regarding an investigation by OIOS to be time-barred. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly held that it was the special procedure under Administrative Instruction ST/AI/1998/9 and not former Staff Rule 111(2)(a) that applied to appeals of classification decisions and that the Administration had failed to respond to Ms Fuentes¡¯ appeal against the reclassification decision. Ä¢¹½ÊÓƵAT dismissed both appeals and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where Ä¢¹½ÊÓƵDT has manifestly exceeded its jurisdiction. Ä¢¹½ÊÓƵAT held that even though Ä¢¹½ÊÓƵDT may have committed a procedural error, it had not exceeded its jurisdiction. Ä¢¹½ÊÓƵAT dismissed the appeal.

The former staff members filed an application for revision of judgment 2010-Ä¢¹½ÊÓƵAT-034. Ä¢¹½ÊÓƵAT held that none of the facts presented fulfilled the requirements of Article 11(1) of the Ä¢¹½ÊÓƵAT Statute and Article 24 of the Rules of Procedure. Ä¢¹½ÊÓƵAT held that the application for revision was an attempt to relitigate the case. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Ä¢¹½ÊÓƵAT considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. Ä¢¹½ÊÓƵAT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former Ä¢¹½ÊÓƵ Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. Ä¢¹½ÊÓƵAT held that the staff member needed to make a request for review of the administrative...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. Ä¢¹½ÊÓƵAT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. Ä¢¹½ÊÓƵAT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that, in converting on its own motion an application for suspension into an application on the merits, Ä¢¹½ÊÓƵDT had taken an ultra petita decision, ordering measures not requested of it. Ä¢¹½ÊÓƵAT held that, in taking the contested decision while a management evaluation was under way, Ä¢¹½ÊÓƵDT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. Ä¢¹½ÊÓƵAT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...

Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s appeal on the basis that Ä¢¹½ÊÓƵDT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT took an ultra petita decision by ordering measures for which no claim had been made.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms Johnson. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s analysis and held that the decision to deny the staff member a refund of the US income tax on her salary and emoluments was unlawful. Ä¢¹½ÊÓƵAT recalled that the US grants foreign tax credits in respect of income tax paid by one of its nationals or permanent residents to another State to relieve the effects of double taxation. Ä¢¹½ÊÓƵAT held that the exclusion of such credits as payment would not only contravene the principle of equality of treatment among staff members if staff members from the...

Ä¢¹½ÊÓƵAT held that the Appellant had not shown that the Secretary-General of IMO was required, under the IMO staff regulations and the staff rules, to make available to a federation of international staff associations from different organisations an IMO staff member, who was elected to a high office, for all or part of the term. Ä¢¹½ÊÓƵAT held that the reference in the appeal to Staff Rule 108. 1, concerning election, composition, and competencies of the staff committee, did not apply in the case. As to the question of inter-agency cost-sharing, Ä¢¹½ÊÓƵAT held that it could only establish that this had to...

Ä¢¹½ÊÓƵAT noted that, in considering an appeal filed by a former ICAO staff member, it was reviewing a decision taken by an executive authority (i. e. ICAO Secretary-General) on the basis of the conclusions and recommendations of the AJAB, and not a judgment delivered by a professional, independent court of first instance determining the issue itself through its decision, i. e., Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that to that extent, the Ä¢¹½ÊÓƵAT Statute is only applicable to such an appeal insofar as, and on condition that its provisions are compatible with the judgment of an appeal directed against a decision taken by...