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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the Ä¢¹½ÊÓƵAT found that while a decision to place a note in the former staff member¡¯s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the Ä¢¹½ÊÓƵDT should have identified either decision as the contested decision, but erred in following the former staff member¡¯s assertion that a termination decision was taken on 1 April 2022.

Nevertheless...

The Ä¢¹½ÊÓƵAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant¡¯s attorney¡¯s personal circumstances.

The Ä¢¹½ÊÓƵAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had erred in fact and law in dismissing Mr. Khan¡¯s application as not receivable ratione temporis. It concluded that Mr. Khan¡¯s exceptional circumstances¡ªincluding severe flooding disrupting internet service and affecting his ability to access e...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the staff member¡¯s action of gifting a sex toy to a subordinate was inappropriate, as it transgressed the boundary between the professional and personal life of the subordinate, even if the event took place in private. Whether solicited or not, it had the potential to negatively impact the image and interests of the Organization. Consequently, the Ä¢¹½ÊÓƵAT concluded that by doing so, the staff member failed to uphold the required standard expected of her role as a manager.

The Ä¢¹½ÊÓƵAT also found that the Ä¢¹½ÊÓƵDT committed no error in finding that...

The Ä¢¹½ÊÓƵAT found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the Ä¢¹½ÊÓƵAT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...

The Ä¢¹½ÊÓƵAT held that the President of the Council of ICAO, in taking the decision not to approve the appointment of the staff member to the post, had regard to relevant considerations: the staff member was negatively assessed by the interview panel and the assessment centre, and had serious weaknesses in areas of vision and other competencies which were critical skills for ICAO. The Ä¢¹½ÊÓƵAT found that the reasons provided by the President accorded with the facts.

The Ä¢¹½ÊÓƵAT was of the view that, although the President discussed the matter with some members of the panel, these discussions had not...

The Ä¢¹½ÊÓƵAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the Ä¢¹½ÊÓƵAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The Ä¢¹½ÊÓƵAT further held that these actions should be viewed in light of the continuous efforts...

The Ä¢¹½ÊÓƵAT held that Mr. Almasri did not fulfil the requirements for revision of the prior Ä¢¹½ÊÓƵAT Judgment. Mr. Almasri¡¯s primary complaint was that the remedy awarded to him failed to make him eligible for a better retirement pension based on a longer deemed service and contribution history.

The Ä¢¹½ÊÓƵAT found that no new fact was advanced by Mr. Almasri that had been unknown either to him or the Ä¢¹½ÊÓƵAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. Instead, it was Mr. Almasri¡¯s negligence that brought about his factual ignorance...

The Ä¢¹½ÊÓƵAT held that the Standing Committee of Ä¢¹½ÊÓƵJSPB had appropriately found Ms. Briel ineligible to receive a widow¡¯s benefit.

The Ä¢¹½ÊÓƵAT found that Ms. Briel should have submitted her appeal to the Ä¢¹½ÊÓƵAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the Ä¢¹½ÊÓƵAT Registry. Nonetheless, the Ä¢¹½ÊÓƵAT reviewed the merits of her appeal.

The Ä¢¹½ÊÓƵAT found that, at the time of the late participant¡¯s death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to...

The Ä¢¹½ÊÓƵAT held that the applicant¡¯s reliance on Article 2 of the Ä¢¹½ÊÓƵAT Statute for his application for revision was misguided and as such, was not receivable and lacked merit. The Ä¢¹½ÊÓƵAT nonetheless reviewed his application for revision under the appropriate legal framework, which is in Article 11 of the Ä¢¹½ÊÓƵAT Statute and Article 24 of the Ä¢¹½ÊÓƵAT Rules of Procedure.

The Ä¢¹½ÊÓƵAT held that other than the application being filed within one year of the Ä¢¹½ÊÓƵAT Judgment at issue, the application for revision did not comply with any of the statutory requirements. There was no fact discovered after the issuance...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had not erred when it established that the staff member had improperly used his employer-issued laptop to access sexually-explicit websites and engaged in multiple instances of unauthorized outside activities. The Ä¢¹½ÊÓƵAT held that he had not obtained approval to continue being the majority shareholder and director of a company.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵDT had not erred when it found that the staff member¡¯s activity constituted misconduct. The Ä¢¹½ÊÓƵAT found that his contributions to the overall running of the business were material. The Ä¢¹½ÊÓƵAT agreed with the...