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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its finding that the decision to terminate the Appellant¡¯s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. Ä¢¹½ÊÓƵAT held that it was not necessary for it to deal with the issue of whether Ä¢¹½ÊÓƵDT erred in its finding that the Administration failed to comply with its obligation of retention. Ä¢¹½ÊÓƵAT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General¡¯s argument that Ä¢¹½ÊÓƵDT had erred in finding Mr Nugroho...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was unable to detect any fault in the Ä¢¹½ÊÓƵDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. Ä¢¹½ÊÓƵAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. Ä¢¹½ÊÓƵAT held that the application was...

Ä¢¹½ÊÓƵAT held that the appeal was receivable on the basis that the Appellant was not challenging the new scheme for education grant introduced by the General Assembly, but rather the manner in which it was implemented in her specific case and the way in which the Secretary-General interpreted General Assembly Resolution 70/244. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in deciding that the Appellant did not have an acquired right to all of the previous education benefits she had enjoyed. On the question of the Appellant¡¯s access to a discretionary consideration of her claims on exceptional grounds, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Hamdan and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Hamdan¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to reject Hamdan¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Garbo¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly rejected the Appellant¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Ahmad¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to reject Mr Ahmad¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Gido¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly rejected Mr Gido¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held that Mr...

Ä¢¹½ÊÓƵAT held that all of the Appellant¡¯s grounds of appeal failed, except for his challenge to the Ä¢¹½ÊÓƵRWA decision not to renew or extend the Appellant¡¯s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant¡¯s non-renewal or final extension, Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵRWA DT¡¯s reasoning and that Ä¢¹½ÊÓƵRWA was justified in deciding not to renew or extend his employment, noting that Ä¢¹½ÊÓƵRWA faced a massive financial shortfall...

Ä¢¹½ÊÓƵAT held that the Applicant failed to discharge his evidentiary burden to establish that his application was filed timeously. Ä¢¹½ÊÓƵAT held that the application was 8 days late and, as such, not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered that the 1994 and 2018 requests made by the Appellant to change his date of birth were essentially the same requests. Ä¢¹½ÊÓƵAT recalled that the reiteration of an original administrative decision if repeatedly questioned, does not reset the clock with respect to the statutory timeline. Ä¢¹½ÊÓƵAT held that the statutory period during which the Appellant had to file a challenge to the 1994 decision expired in 1997. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in dismissing the application. On consideration of the Respondent¡¯s claim to award costs, Ä¢¹½ÊÓƵAT was not satisfied that the pursuit of the...