Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the amount of compensation. 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...

Ä¢¹½ÊÓƵAT considered an appeal limited to the claim that Ä¢¹½ÊÓƵDT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT took due regard for the arguments the Appellant brought in his appeal and that Ä¢¹½ÊÓƵDT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant¡¯s economic and social losses in its overall award to him. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the matter of compensation. Ä¢¹½ÊÓƵAT held that the appeal had to be allowed in part because Ä¢¹½ÊÓƵDT erred in setting the compensation in lieu of reinstatement at two years¡¯ net base salary without considering that Mr Gakumba¡¯s previous fixed-term appointments were one year each. Ä¢¹½ÊÓƵAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year¡¯s net base salary. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment on compensation for non-pecuniary damages and held that no error of law was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the payment of interest awarded by Ä¢¹½ÊÓƵDT on the payment of Mr Ahmed¡¯s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT judgment and held that the matter was properly before Ä¢¹½ÊÓƵDT and could not be construed as res judicata. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that Ä¢¹½ÊÓƵDT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. Ä¢¹½ÊÓƵAT noted that an award under Article 10(5)(a) of the Ä¢¹½ÊÓƵDT Statute is alternative...

Ä¢¹½ÊÓƵRWA DT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. Ä¢¹½ÊÓƵAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that, since the incidents in question occurred before ST/SGB/2008/5 was promulgated, it was not applicable in this case. Ä¢¹½ÊÓƵAT held that it was unnecessary for Ä¢¹½ÊÓƵDT to apply ST/SGB/2008/5, which was clearly not in force at the time of the incidents. Ä¢¹½ÊÓƵAT held that the error committed by Ä¢¹½ÊÓƵDT had not resulted in a miscarriage of justice, finding that Mr Nogueira in any event merited a compensatory award for harassment. Ä¢¹½ÊÓƵAT held that Mr Nogueira was entitled to an effective remedy for the violation of his legal right to a workplace...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal, which was limited to a challenge of Ä¢¹½ÊÓƵDT¡¯s method of calculating the compensation awarded to Mr Nyasulu as an alternative to the rescission. Ä¢¹½ÊÓƵAT noted that Mr Nyasulu presumably had no objection to the compensation being re-calculated, as he did not rebut the appeal. Ä¢¹½ÊÓƵAT found that it had no option but to remand the case as, in order to rule on the Secretary-General¡¯s request, it would first need to be satisfied that Ä¢¹½ÊÓƵDT¡¯s calculation of compensation in lieu of rescission was not correct. Ä¢¹½ÊÓƵAT held that that could not be done because Ä¢¹½ÊÓƵDT gave...

Ä¢¹½ÊÓƵAT considered Mr Krioutchkov¡¯s appeal as well as the Secretary-General¡¯s cross-appeal. Ä¢¹½ÊÓƵAT preliminarily denied Mr Krioutchkov¡¯s request for an oral hearing after finding that it would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that Mr Krioutchkov¡¯s application was receivable by Ä¢¹½ÊÓƵDT and noted that, in order to trigger the statutory time limits for each selection decision, it is necessary for the Administration to notify the unsuccessful candidates of the issuance of each of such decisions. To that end, Mr Krioutchkov only learned at the beginning of February...

Ä¢¹½ÊÓƵAT found that the execution of the Ä¢¹½ÊÓƵDT judgment No. Ä¢¹½ÊÓƵDT/2014/007 had been suspended following the filing of the Secretary-General¡¯s appeal to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judgment had become duly executable upon the issuing to the parties of judgment No. 2015-Ä¢¹½ÊÓƵAT-516 wherein Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal against Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the staff member¡¯s motion seeking execution was properly filed before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the request for execution had been rendered moot by the event that the payment was issued on 22 July 2015. Ä¢¹½ÊÓƵAT considered that the only...