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Ä¢¹½ÊÓƵAT considered seven motions submitted by Ms Rangel prior to a judgment on the merits. On the two Motions for Interim Relief, Ä¢¹½ÊÓƵAT held that Ms Rangel did not seek an interim measure for temporary relief consistent with the pronouncements of the ICJ Conciliation Committee, but rather she sought interim relief in cases where the Committee had dismissed her applications. Ä¢¹½ÊÓƵAT held that since one of the two cumulative conditions under Article 9(4) of the Ä¢¹½ÊÓƵAT Statute was not fulfilled, it did not need to further consider the second condition. Ä¢¹½ÊÓƵAT denied the requests for interim relief. On the...

Ä¢¹½ÊÓƵAT rejected the request that the Secretary-General produced the underlying job description for the post, to verify if a typing requirement had been introduced since the last revision, finding that it would be neither necessary nor useful for the fair and expeditious resolution of the case. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate that the contested decision fulfilled objective criteria of Ä¢¹½ÊÓƵAT¡¯s competence. Ä¢¹½ÊÓƵAT held that, considering that the test was to be taken online, with the Appellant being based in Bangkok and the test being administered from New York, it was normal to...

Ä¢¹½ÊÓƵAT preliminarily rejected the Appellant¡¯s motion for leave to file additional pleadings after finding no exceptional circumstances justifying the filing of an additional submission. With respect to the alleged error of procedure in Ä¢¹½ÊÓƵDT¡¯s proceedings by way of summary judgment, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s issuance of summary judgment was appropriate since there was no dispute about the material facts and that the question of receivability is a matter of law. Ä¢¹½ÊÓƵAT also held that the Appellant did not meet her burden of proving that Ä¢¹½ÊÓƵDT made an error of procedure when it decided to issue a summary...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since the factual and legal issues arising from the appeal had already been clearly defined. Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵDT¡¯s judgment that the application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT summary judgment.

Ä¢¹½ÊÓƵAT considered the appeal, specifically whether Ä¢¹½ÊÓƵRWA DT erred by dismissing the staff members¡¯ motions to adduce supplemental evidence on the grounds of receivability, and whether Ä¢¹½ÊÓƵRWA DT erred by finding that the final contested decision was taken on 3 August 2014. Ä¢¹½ÊÓƵAT found that Abu Malluh et al. acted with due diligence in the proceedings before Ä¢¹½ÊÓƵRWA DT and further demonstrated that the supplemental evidence they sought to have admitted would have led to different findings of fact and changed the outcome of the case. Ä¢¹½ÊÓƵAT noted that while Ä¢¹½ÊÓƵRWA DT has broad discretion to determine the...

Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by Ä¢¹½ÊÓƵDT (by audio conference) as verified by Ä¢¹½ÊÓƵAT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist Ä¢¹½ÊÓƵAT with the expeditious and fair disposal of the case. On the Appellant¡¯s motion for additional hearings, Ä¢¹½ÊÓƵAT held that the documents contained arguments already submitted, although phrased differently, and no...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s application for an oral hearing. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not committed an error of procedure by denying the Appellant an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before Ä¢¹½ÊÓƵDT with specific consideration of the following: Ä¢¹½ÊÓƵDT¡¯s denial of the proceedings to be conducted in French; Ä¢¹½ÊÓƵDT¡¯s dismissal of objections to English translations in the application and other documents, Ä¢¹½ÊÓƵDT¡¯s issuance of its judgment before having the Secretary-General¡¯s reply...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing. Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s claim that he should be considered a Ä¢¹½ÊÓƵ staff member because he worked with Ä¢¹½ÊÓƵOPS for over three years. Ä¢¹½ÊÓƵAT concluded that Ä¢¹½ÊÓƵDT correctly decided that the application was not receivable ratione personae. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

On the matter of the deduction of 7,000 Euros paid to the Appellant¡¯s ex-wife from his final emoluments, Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant¡¯s application was not receivable ratione materiae, although for different reasons than those given by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final...

Ä¢¹½ÊÓƵAT held that the ICJ had breached its duty to protect the staff member against harassment by another staff member. Ä¢¹½ÊÓƵAT held that, once senior management had become aware of the incidents, it should have envisaged that similar incidents could happen in the future, and it failed to take the appropriate measures to protect its staff. Ä¢¹½ÊÓƵAT awarded USD 12,500 to compensate the staff member for the harm suffered, and especially the harm to her reputation during the course of the investigations. Ä¢¹½ÊÓƵAT also awarded 3,630 Euros in legal fees.