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The Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT erred in its determination.

The Ä¢¹½ÊÓƵAT was of the view that in accordance with the Area Staff Rules, which provided for the application of the last published interest rate up to and including the month immediately preceding payment to the calculation of a staff member¡¯s Provident Fund benefits. Given that the staff member made his request on 23 December 2020, the applicable legal instrument in the present case was PFS/19/2020 issued on 12 December 2020, and not PFS/20/2020 issued on 13 January 2021 as...

Mr. Jibril appealed.

As regards the request for an oral hearing, the Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Ä¢¹½ÊÓƵAT dismissed Mr. Zaqqout's application for correction of judgment on the grounds that Mr. Zaqqout attempted to relitigate his case instead of demonstrating mistakes in the nature of those intended to be covered by Article 11(2), and he had failed to explain the significant delay in applying to correct the alleged errors.

Ä¢¹½ÊÓƵAT also dismissed Mr. Zaqqout's application for revision of judgment. Ä¢¹½ÊÓƵAT found that this being the second application for revision Mr. Zaqqout had filed in this case, he was required to demonstrate exceptional circumstances, a test he did not meet; and that even if the...

Mr. Hassan appealed the Ä¢¹½ÊÓƵDT judgment.

The Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that the Ä¢¹½ÊÓƵDT erred in finding that his application was not receivable ratione personae. Ä¢¹½ÊÓƵAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...

The Ä¢¹½ÊÓƵAT considered an appeal by Mr. Dorji.

The Ä¢¹½ÊÓƵAT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal. As the Ä¢¹½ÊÓƵDT correctly held, Mr. Dorji¡¯s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019. Mr. Dorji¡¯s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021.

The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Judgment No. Ä¢¹½ÊÓƵDT/2021...

The Ä¢¹½ÊÓƵAT first addressed the staff member¡¯s request for an oral hearing. The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation. The Ä¢¹½ÊÓƵAT rejected this argument, noting that the appeal was a review of the Ä¢¹½ÊÓƵDT judgment based on the evidence presented to the Ä¢¹½ÊÓƵDT, and the staff member had not applied to present new evidence. The Ä¢¹½ÊÓƵAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration. The request for the oral hearing was denied. ...

The Appeals Tribunal¡¯s first finding is that the Ä¢¹½ÊÓƵDT was correct in its holding that Section 17(d) of the Repatriation Policy is not in conflict with Staff Rule 3.19 (g) and, thus, the two sets of provisions fall to be read together coherently.

We also find correct the Ä¢¹½ÊÓƵDT¡¯s reasoning that the application of Section 17(d) of the Ä¢¹½ÊÓƵDP Repatriation Policy is not limited to Ä¢¹½ÊÓƵDP staff members as it seeks to reconcile payments made to staff members within the United Nations system, irrespectively of the fact that the spouse is a Ä¢¹½ÊÓƵDP staff member too or not, avoiding in any case to duplicate...

The Ä¢¹½ÊÓƵAT considered an appeal by Ms. Mukomah.

The Ä¢¹½ÊÓƵAT held that Ms. Mukomah¡¯s submission that she was the spouse of the late participant at the time of his death and is therefore entitled on that basis to a widow¡¯s benefit under Article 34 of the Fund¡¯s Regulations, was not sustainable based on the evidence before the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT found that there was insufficient evidence proving that the late participant and Ms. Mukomah lawfully entered a (second) union legally recognized by the competent authority of Kenya conferring similar legal effects as a marriage in relation to pension rights...

The Ä¢¹½ÊÓƵAT held that the supposedly unknown facts that Mr. Al Dirawi detailed in his application for revision of the Ä¢¹½ÊÓƵAT Judgment focus on findings and conclusions in the Ä¢¹½ÊÓƵAT Judgment with which he disagrees. Notably, these matters were considered in the original appeal and Mr. Al Dirawi basically submits a second appeal for a reassessment of the facts in his case, a remedy which is not available to the parties once the Appeals Tribunal has issued a final judgment. The Ä¢¹½ÊÓƵAT thus held that Mr. Al Dirawi's application was not receivable.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...