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Ä¢¹½ÊÓƵAT held that the appeal was receivable as the Appellant had partially prevailed before Ä¢¹½ÊÓƵDT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, Ä¢¹½ÊÓƵAT held that there was no fault in the Ä¢¹½ÊÓƵDT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that the Ä¢¹½ÊÓƵDT committed any error...

Ä¢¹½ÊÓƵAT considered appeals from both the Secretary-General and Mr Chhikara. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their ¡°key¡± answers, which directly related to the written test which Mr Chhikara failed. Ä¢¹½ÊÓƵAT held that, by rejecting Mr Chhikara¡¯s request for the missing evidence and judging the case without it, Ä¢¹½ÊÓƵDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. Ä¢¹½ÊÓƵAT noted that the interests of justice and judicial economy may be...

Ä¢¹½ÊÓƵAT held that the appeal was defective in that it failed to invoke the jurisdiction of Ä¢¹½ÊÓƵAT under Article 2(1) of the Ä¢¹½ÊÓƵAT Statute by not asserting that Ä¢¹½ÊÓƵDT had either exceeded its jurisdiction or competence, failed to exercise its jurisdiction, erred on a question of law, committed an error of procedure, such as to affect the decision of the case, or erred a question of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that the Appellant also failed to comply with the requirements of Article 8(2) of the Ä¢¹½ÊÓƵAT RoP by not providing a brief explaining the legal basis of any of...

Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, Ä¢¹½ÊÓƵAT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its findings that the Application was not receivable. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the case to Ä¢¹½ÊÓƵDT for consideration on the merits.

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. Ä¢¹½ÊÓƵAT found no reason to differ from Ä¢¹½ÊÓƵDT¡¯s approach. Ä¢¹½ÊÓƵAT supported Ä¢¹½ÊÓƵDT¡¯s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. Ä¢¹½ÊÓƵAT suggested that Ä¢¹½ÊÓƵDT and the Registries...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. Ä¢¹½ÊÓƵAT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi¡¯s...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. Ä¢¹½ÊÓƵAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

Ä¢¹½ÊÓƵAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which was limited to the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission, which he claimed was excessive. Ä¢¹½ÊÓƵAT held that since the Secretary-General did not contest Ms Sarrouh¡¯s claim for compensation before Ä¢¹½ÊÓƵDT, he could not raise the issue on appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. Ä¢¹½ÊÓƵAT held that in the absence of any error of law or manifestly...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP¡¯s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by conducting a de novo assessment of Ms Sarrouh¡¯s performance and exceeded its competence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in...