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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

Ä¢¹½ÊÓƵAT held that the matter under investigation was closed and the Appellant had not presented any cogent argument to show that there were exceptional circumstances that might otherwise have entitled him to the investigation report. Ä¢¹½ÊÓƵAT held that the Appellant was not entitled to receive a detailed copy of the investigation report. Ä¢¹½ÊÓƵAT held that there was no evidence to support the argument that Ä¢¹½ÊÓƵDT erred on questions of law and fact. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s legal conclusion that the application was timely was erroneous. Ä¢¹½ÊÓƵAT held that the application was not timely and not receivable ratione temporis. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence or jurisdiction in receiving the application and addressing its merits. Ä¢¹½ÊÓƵAT granted the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.

On the Appellant¡¯s argument that his non-renewal was a disguised disciplinary measure and that thus, management evaluation was not required, Ä¢¹½ÊÓƵAT held that the argument had no merit and that the Appellant could not evade the statutory obligation of management evaluation by characterising the dispute decision as a disciplinary matter. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly considered the facts and the applicable statutory law and jurisprudence in arriving at its decision that the Appellant¡¯s application was not receivable. Ä¢¹½ÊÓƵAT held that, having failed to demonstrate that Ä¢¹½ÊÓƵDT committed any error of law...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no reason to reverse the finding of Ä¢¹½ÊÓƵDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. Ä¢¹½ÊÓƵAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

Ä¢¹½ÊÓƵAT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. Ä¢¹½ÊÓƵAT held that ST/AI/2003/8 was inapplicable. Ä¢¹½ÊÓƵAT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. Ä¢¹½ÊÓƵAT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. Ä¢¹½ÊÓƵAT held that the impugned decision complied with the legal...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. Ä¢¹½ÊÓƵAT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. Ä¢¹½ÊÓƵAT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of Ä¢¹½ÊÓƵDT, was more proper for consideration once a final judgment has been rendered by Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke¡¯s rights. Ä¢¹½ÊÓƵAT held that no illegality occurred and that the appointment was entirely within the Administration¡¯s discretion, which was not abusive. Ä¢¹½ÊÓƵAT allowed the Secretary-General¡¯s appeal, vacated the Ä¢¹½ÊÓƵDT judgment and dismissed Mr Nwuke¡¯s cross-appeal.

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General against three judgments (judgment Nos. Ä¢¹½ÊÓƵDT/2013/028, Ä¢¹½ÊÓƵDT/2013/029 and Ä¢¹½ÊÓƵDT/2013/076). Ä¢¹½ÊÓƵAT held that, generally speaking, appeals against a decision to initiate an investigation are not receivable as such a decision is preliminary in nature and does not, at that stage, affect the legal rights of the staff member. Ä¢¹½ÊÓƵAT held that initiating an investigation is merely a step in the investigative process and it is not an administrative decision that Ä¢¹½ÊÓƵDT is competent to review. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred on a question of law and exceeded its...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. Ä¢¹½ÊÓƵAT held that it was a reasonable exercise of the Administration¡¯s broad discretion in disciplinary matters, with which it would not lightly interfere. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment.