Ä¢¹½ÊÓƵAT rejected the request for an oral hearing. Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s claim that he should be considered a Ä¢¹½ÊÓƵ staff member because he worked with Ä¢¹½ÊÓƵOPS for over three years. Ä¢¹½ÊÓƵAT concluded that Ä¢¹½ÊÓƵDT correctly decided that the application was not receivable ratione personae. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Ä¢¹½ÊÓƵAT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. Ä¢¹½ÊÓƵAT was satisfied that the AJAB had considered all relevant evidence to the issues. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.
Ä¢¹½ÊÓƵDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. Ä¢¹½ÊÓƵAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...
The only issue in contention in this appeal is whether the Ä¢¹½ÊÓƵDT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT based the award of compensation for harm both on the evidence produced by the individual and what it described as ¡°pre-existing distress that the individual was already suffering from¡± which ¡°was exacerbated by the unlawful decision to refuse his request¡± to investigate the allegations of discrimination. Ä¢¹½ÊÓƵDT was to determine whether Mr. Kebede...
On an appeal by the Secretary-General, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the applications were receivable. Ä¢¹½ÊÓƵAT noted that Article 2(1) of the Ä¢¹½ÊÓƵDT Statute limits the Ä¢¹½ÊÓƵDT¡¯s jurisdiction to hearing appeals against administrative decisions. Ä¢¹½ÊÓƵAT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. Ä¢¹½ÊÓƵAT noted that, with the...
Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no sufficient evidence before Ä¢¹½ÊÓƵDT to justify its findings of ¡°moral injury¡±. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it awarded compensation on a claim of ¡°moral injury¡± without the support of evidence, apart from the testimony of the Appellant. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment regarding the award of compensation for moral harm.
Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the allegation that Ä¢¹½ÊÓƵDT usurped its discretion by failing to show due deference in substituting its own preference of sanction for that of the Secretary-General was overstated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly balanced the competing considerations and concluded reasonably that the cumulative imposition of a written censure and the loss of two steps in grade were disproportionate to the misconduct. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not misdirect itself in accepting as mitigating factors the fact that Appellant had lost all his...
Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that the Commissioner-General¡¯s appeal was not time-barred and was, therefore, receivable. Ä¢¹½ÊÓƵAT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not have jurisdiction to award compensation for loss of earnings. Ä¢¹½ÊÓƵAT held that any financial loss appears to be generated as the main cause and directly by the Director of Ä¢¹½ÊÓƵRWA Affairs, Lebanon¡¯s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the Ä¢¹½ÊÓƵRWA DT and that...
Ä¢¹½ÊÓƵAT considered an appeal by the staff member arguing that Ä¢¹½ÊÓƵDT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT judgment not awarding in-lieu compensation. Ä¢¹½ÊÓƵAT held that since the Secretary-General concurred with the remand in question, the claim became moot. Ä¢¹½ÊÓƵAT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. Ä¢¹½ÊÓƵAT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...
Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in law or fact resulting in a manifestly unreasonable decision when it found that i) there was no error of procedure stemming from the delay in completing the comments on the Appellant¡¯s rebuttal statement; and ii) the Appellant¡¯s claim regarding the assessment and findings of the rebuttal panel together with her final performance appraisal did not result in a challengeable administrative decision. Ä¢¹½ÊÓƵAT found that, because no explanation was provided for the initial and relevant delay, Ä¢¹½ÊÓƵDT erred in concluding that the reasons given by the administration...
