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The Ä¢¹½ÊÓƵAT held that the staff member¡¯s challenge to Staff Rule 3.3(b) ¨Cspecifically, the distinction drawn between internal and external candidates with respect to step determination ¨C in force at the time of his selection and whose reestablishment was ordered by the General Assembly, could not be subject to judicial review, as it would be tantamount to testing the substantive content of a resolution against higher normative values, a question that fell outside the remit of the Ä¢¹½ÊÓƵAT or the Ä¢¹½ÊÓƵDT.

The Ä¢¹½ÊÓƵAT further found that, since the staff member was selected for the position on 17 May 2024, af...

The Appeals Tribunal dismissed Mr. Jin¡¯s claim that the Ä¢¹½ÊÓƵDT erred in finding no prejudice since, by his calculations, the decision to score Part 2 perfectly for each candidate resulted in a larger interview pool which was disadvantageous to him. The Appeals Tribunal found that this argument was speculative, predicated on one hypothetical counterfactual outcome, and failed to meet Mr. Jin¡¯s burden of proving by clear and convincing evidence that he had been denied a fair chance of selection.

The Appeals Tribunal found that the circumstances in Mr. Jin¡¯s case were fundamentally and...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT did not err in finding that the former staff member¡¯s application was not receivable ratione materiae.The Ä¢¹½ÊÓƵAT found that DIOS had no decision-making authority in addressing the substance of his complaint of retaliation and that it undertook its investigation merely as a step in the investigative process that did not amount to a reviewable administrative decision.

Similarly, the Ä¢¹½ÊÓƵAT found that the Ethics Office¡¯s determination that it had not been established that retaliation had occurred, and its subsequent closure of the file without further investigation...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT did not err in finding that the decision to close the investigation into the former staff member¡¯s complaint was lawful.It found that the account of the incident in which B allegedly rubbed against her presented an equivocal case of sexual harassment, and that it was therefore open to the investigator and to the decision-maker to conclude that the case was of insufficient strength to pursue against B.The Ä¢¹½ÊÓƵAT further found that the two other incidents invoked by the former staff member ¨C B allegedly walking to her side in a corridor and offering her to drink...

The Ä¢¹½ÊÓƵAT first clarified that the appeal was not directed against the second sanction, given the former staff member¡¯s failure to appeal that sanction in a timely manner, but rather concerned ensuring that his personal records with the United Nations were accurate.In this regard, the Ä¢¹½ÊÓƵAT found that the Administration¡¯s reliance on the previous disciplinary findings and first sanctions in determining the second sanction was erroneous. It held that when the Administration considered and decided the second sanction, the former staff member¡¯s pending Ä¢¹½ÊÓƵAT appeal regarding the first sanctions...

The Ä¢¹½ÊÓƵAT found that Mr. Flekal, by consenting to the referral of the harassment claim on 3 March 2024, for managerial action, had essentially waived the right to pursue a remedy before the Tribunals for the lack of an investigation into his complaints of harassment, including bullying. The Ä¢¹½ÊÓƵAT noted that under the relevant technical instruction of the Department of Internal Oversight Services, bullying is not a separate category of misconduct, it is considered a kind of harassment.

The Ä¢¹½ÊÓƵAT noted that Mr. Flekal had also waived his ¡°abuse of power¡± claim because it was not pled in his...

The Ä¢¹½ÊÓƵAT noted that the decision to place Mr. Flekal on an OTI process is only an intermediate step in the performance management process and has had no direct impact or adverse consequence on his terms of appointment or the contract of employment and therefore is not an administrative decision subject to judicial review.

The Ä¢¹½ÊÓƵAT found that Mr. Flekal was separated for medical reasons, declared incapacitated and awarded a disability pension. He was not separated from the Agency due to non-renewal of his fixed-term appointment. Therefore, Mr. Flekal¡¯s challenge of the 29 August 2023 decision...

Although the Secretary-General was not a party to the impugned Order, the Ä¢¹½ÊÓƵAT held that the Secretary-General had a direct and cognizable interest in an appeal which considers whether the Ä¢¹½ÊÓƵDT is entitled to determine whether his legal representative should be disbarred from appearing in future cases and unrelated cases before the Ä¢¹½ÊÓƵDT. If the Ä¢¹½ÊÓƵDT is empowered to order as much, it raises a significant risk of harm to the Secretary-General¡¯s authority to appoint staff members to perform legal functions, allocate its legal resources, and hold staff members accountable in accordance with the...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in its framing of the scope of Mr. Kebede¡¯s application, and that his claim of systemic retaliation was not properly before the Ä¢¹½ÊÓƵDT. Mr. Kebede only contested the non-selection decision both in his request for management evaluation and application to the Ä¢¹½ÊÓƵDT.

The Ä¢¹½ÊÓƵDT agreed with the Secretary-General that there was no evidence of material falsehood or misrepresentation by the Administration to the Ä¢¹½ÊÓƵDT relating to Mr. Kebede¡¯s rating during the interview for the post. The Ä¢¹½ÊÓƵAT noted that the ¡°Partially Satisfactory¡± rating was an assessment of how Mr...

The Ä¢¹½ÊÓƵAT held that a party aggrieved by denial of interim relief can and generally must wait until the matter is finally resolved before filing an appeal.

The Ä¢¹½ÊÓƵAT found that a decision regarding interim relief may be reviewable if it can be shown that the first instance tribunal, the JAB, exceeded its jurisdiction or competence.

The Ä¢¹½ÊÓƵAT noted that the JAB is specifically empowered by the ISA Staff Rules to decide whether suspension of an administrative action is appropriate, which is within its competence and jurisdiction.

The Ä¢¹½ÊÓƵAT found that there was no basis for its intervention in the...