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With respect to the Appellant¡¯s first claim, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, Ä¢¹½ÊÓƵAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT in that the decision to abolish Appellant¡¯s post was not receivable ratione materiae. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered the staff member¡¯s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former Ä¢¹½ÊÓƵAT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. Ä¢¹½ÊÓƵAT noted that paragraph 2 of the judgment merely quoted the facts ¡°as found by the Dispute Tribunal¡±, with a footnote reference to the paragraphs quoted from the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT further noted that the Secretary-General...

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-Ä¢¹½ÊÓƵAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. Ä¢¹½ÊÓƵAT...

The staff member filed an application for execution of judgment No. 2015-Ä¢¹½ÊÓƵAT-604 (Ocokoru). Ä¢¹½ÊÓƵAT noted that in judgment 2015-Ä¢¹½ÊÓƵAT-604, it did not make any order affecting the Ä¢¹½ÊÓƵDT judgment that was appealed but simply decided that the Secretary-General¡¯s appeal was not receivable. Ä¢¹½ÊÓƵAT held that the execution of the Ä¢¹½ÊÓƵDT judgment remained within the jurisdiction of Ä¢¹½ÊÓƵDT and, as such, it was not competent to grant the staff member¡¯s application. Ä¢¹½ÊÓƵAT observed that Article 27 (Execution of judgments) of the Ä¢¹½ÊÓƵAT Rules of Procedure, when read together with Article 11.4 of the Ä¢¹½ÊÓƵAT Statute...

Ä¢¹½ÊÓƵAT considered an application for interpretation of judgment No. 2017-Ä¢¹½ÊÓƵAT-774 filed by Mr Awe. The application was admitted in part. Ä¢¹½ÊÓƵAT ordered the Secretary-General to send a corrected version of the meeting minutes and of the FFP¡¯s findings to all the recipients of the 22 January 2014 meeting minutes. Ä¢¹½ÊÓƵAT held that its judgment did not address the question of whether Mr Awe could request disciplinary actions against Ms Yasin, or whether he could claim compensation for procedural errors in case such actions have not been undertaken since these issues were the subject of Mr Awe¡¯s separate...

Ä¢¹½ÊÓƵAT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the Ä¢¹½ÊÓƵAT judgment. Ä¢¹½ÊÓƵAT held that there was no need to order execution as the judgment had been executed in full since the order of rescission did not require execution by the Secretary-General. Ä¢¹½ÊÓƵAT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. Ä¢¹½ÊÓƵAT held that there was no merit in Mr Kallon¡¯s request for execution and, therefore, dismissed his request for costs against the Secretary-General for abuse...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law or fact in dismissing the application. Ä¢¹½ÊÓƵAT held that the evidence had shown that the Appellant did not meet all the requirements for the post to which he had applied, as set out in the vacancy announcement, and that he was rightly placed by Ä¢¹½ÊÓƵRWA in tranche 2 list. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had rightly concluded that, since the Appellant was unsuitable for the post, the failure of the Administration to consider his application in priority as an internal candidate had not vitiated the outcome of the selection process. Ä¢¹½ÊÓƵAT held that the Appellant had...

Ä¢¹½ÊÓƵAT held, considering that the Appellant had elected to take a deferred retirement benefit after 1 April 2007 and not taken a withdrawal settlement, that the Fund had no discretion to make an exception under Article 24(a) of Ä¢¹½ÊÓƵJSPF Regulations. Regarding the submission that the Fund was in breach of a duty of good faith by not adequately informing the Appellant of the amendment and its implications, Ä¢¹½ÊÓƵAT held that it cannot be expected of the Fund to provide information in relation to every conceivable contingency or possibility that might or might not eventuate in the future. Ä¢¹½ÊÓƵAT further...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to make a request for correction of her current contract. Ä¢¹½ÊÓƵAT held that it could not step outside its statutory remit and examine the merits of the Appellant¡¯s claim for payments under her current contract when she had made no request for a review regarding it. Ä¢¹½ÊÓƵAT held that JAB did not err in finding the Appellant¡¯s claims of 30 December 2015 for revision of her step level under the previous contract as not receivable since the Appellant submitted her request more than a year from the date on which she received her first salary or ¡°initial payment¡±...

Ä¢¹½ÊÓƵAT considered the appeal while the application for revision before Ä¢¹½ÊÓƵDT was still pending. Ä¢¹½ÊÓƵAT held that the new job opening for 13 S-3 level vacancies, for which the Applicant was invited to interview, is a matter which could be relevant to the issue of the quantum of compensation. Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT to complete its hearing of the application for revision of judgment.