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Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant¡¯s termination, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA JAB¡¯s decision was legal, rational, and procedurally proper. Ä¢¹½ÊÓƵAT held that it was an exceptional case where the doctrine of proportionality should be invoked. Ä¢¹½ÊÓƵAT held that the decision to terminate the Appellant¡¯s services was disproportionate, more drastic than necessary. Ä¢¹½ÊÓƵAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

In reviewing the Appellant¡¯s appeal, Ä¢¹½ÊÓƵAT found that the decision to terminate the Appellant¡¯s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. Ä¢¹½ÊÓƵAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. Ä¢¹½ÊÓƵAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and found that Ä¢¹½ÊÓƵDT erred when it decided to give Ä¢¹½ÊÓƵHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. Ä¢¹½ÊÓƵAT noted that Article 10. 5(a) of the Ä¢¹½ÊÓƵDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). Ä¢¹½ÊÓƵAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the Ä¢¹½ÊÓƵDT judgment with interest was excessive. Ä¢¹½ÊÓƵAT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. Ä¢¹½ÊÓƵAT held that a total of 2. 5 years¡¯ net...

Ä¢¹½ÊÓƵAT held that an irregularity in promotion procedures could only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance for promotion. Ä¢¹½ÊÓƵAT held that there must be a link between the irregularity and the non-promotion decision. Thus, where the irregularity has no impact on the status of a staff member because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.

As a preliminary issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err by failing to order the Appellant¡¯s...

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 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...

Ms. Azzouni filed an application for revision of judgment No. 2020-Ä¢¹½ÊÓƵAT-081 for clarification of the date upon which the two years¡¯ net base salary was to be calculated and requested that it be set as of the date of the judgment, or, alternatively, that an interest rate be applied to the compensation awarded from the date of separation to that of the judgment. Ä¢¹½ÊÓƵAT held that it would treat the application as an application for interpretation under Article 11(3) of the Ä¢¹½ÊÓƵAT Statute. On the basis that the purpose of compensation is to place a staff member in the same position he or she would...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that, in the present case, Ä¢¹½ÊÓƵDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. Ä¢¹½ÊÓƵAT held that the award of full salary payable between separation and the date of the Ä¢¹½ÊÓƵDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. Ä¢¹½ÊÓƵAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...