Ä¢¹½ÊÓƵ

Ms. Koduru appealed. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in law or fact in concluding that Ms. Koduru¡¯s case was fully and fairly considered. Specifically, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that Ms. Koduru had failed to meet the burden of proof that the decision was based on ulterior motives and a protracted pattern of harassment, as well as to establish a causal link between the alleged incidents and the challenged administrative decision not to renew her fixed-term appointment. Rather, such a decision, as correctly determined by the Ä¢¹½ÊÓƵDT, was a reasonable and proper exercise of the...

Ä¢¹½ÊÓƵAT dismissed the appeal. Ä¢¹½ÊÓƵAT held that 25 July 2017 was the relevant date triggering the time limit under Staff Rule 11.2(c). On that date, Ms. Wozniak was informed in unequivocal terms by the Administration that her request for deferment for the 2017 Rotation Exercise had been approved on retirement ground, on the understanding that she would retire on 30 April 2019. Thus, her request for management evaluation dated 24 July 2019 was filed outside the 60-day statutory time limit. Ä¢¹½ÊÓƵAT found that in any case the Ä¢¹½ÊÓƵDT also correctly held that even if it were to entertain that the...

Ms. Coleman filed an appeal against the Ä¢¹½ÊÓƵDT Judgment asking that Ä¢¹½ÊÓƵAT reverse the Ä¢¹½ÊÓƵDT findings that (i) the failure to answer Ms. Coleman¡¯s repeated requests for information about her case did not amount to a procedural violation; (ii) Ms. Coleman had failed to provide proof of bias or prejudice; (iii) she was not entitled to moral damages. Ä¢¹½ÊÓƵAT found that the specific grounds of appeal under (i) and (ii) were devoid of any practicality as, even if they were to be accepted by the Appeals Tribunal as legally and factually true, this would not lead to a different ruling having an actual, real...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT found "questionable" the Ä¢¹½ÊÓƵDT¡¯s finding that the investigation reports were not thorough or procedurally fair. Ä¢¹½ÊÓƵAT was satisfied that the manner in which the inquiry was conducted was adequate for the purposes of a preliminary assessment. Ä¢¹½ÊÓƵAT found that in view of the fact that Ms. Rehman was not given or entitled to the reports, the impugned order of the Ä¢¹½ÊÓƵDT essentially required the OIAI to provide a written, reasoned decision setting out the findings and reasons for its assessment that the complaints should not be referred to an investigation. The...

Ms. Coleman appealed. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT noted that in reaching its conclusion that it was reasonable for the Administration to decide that it was not in the interest of the Organization to keep Ms. Coleman on pay status whilst not performing work until the expiry of her fixed-term appointment, the Ä¢¹½ÊÓƵDT considered, inter alia, that: i) she had placed herself in a situation in which she could no longer perform her duties in Pakistan; ii) she had rejected the temporary assignment offered to her in South Soudan; and iii) she was not interested in...

Ä¢¹½ÊÓƵAT considered an application for revision of Judgment No. 2021-Ä¢¹½ÊÓƵAT-1106. With reference to Article 11 of the Ä¢¹½ÊÓƵAT Statute, Ä¢¹½ÊÓƵAT held that it was neither satisfied that the blank tax returns as provided by Mr. Giles¡¯ were unknown to the Ä¢¹½ÊÓƵAT and to the party applying for the revision at the time the relevant Judgment was rendered nor that the blank tax returns were a decisive fact. Ä¢¹½ÊÓƵAT held that the Applicant reiterated arguments he had made previously, which was not the purpose nor intention of an application for revision of judgment. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Silva. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed several errors of law and fact and the decision to reassign Ms. Silva was without procedural flaws. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT¡¯s jurisprudence does not establish a need for prior consultation for every reassignment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had an incorrect understanding of the contested administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it held that the reassignment decision should have been notified in formal writing as it significantly altered Ms. Silva¡¯s terms and conditions of...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵRWA DT Judgment. Regarding the deduction of a sum of money from his separation benefits, Ä¢¹½ÊÓƵAT agreed that this claim was not first submitted for decision review. Regarding his separation from service without termination indemnity, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵRWA DT Judgment. The Tribunal agreed with the Ä¢¹½ÊÓƵRWA DT that the bank statement did not contain the correct amount and that the invoices he submitted did not relate to genuine purchases. Ä¢¹½ÊÓƵAT was satisfied that: (i) the facts on which the disciplinary measure was based had been established by clear and convincing...

Ä¢¹½ÊÓƵAT first explained that under the new reimbursement regime, an expense would be recoverable if: (i) it¡¯s for tuition; (ii) it is paid directly to the school; and (iii) it is certified by the school as being necessary for attendance. Ä¢¹½ÊÓƵAT rejected the staff member¡¯s claim that because another Ä¢¹½ÊÓƵ entity would apply a rule more favorably to his case, that entity¡¯s interpretation should trump over the one given by the organization where he actually works. Second, Ä¢¹½ÊÓƵAT disagreed with the Administration¡¯s approach that if an item in a category of fees was inadmissible, then the Administration...

Ä¢¹½ÊÓƵAT held that the determination of the Director of the Ethics Office that no retaliation had occurred constituted an administrative decision that went directly to the merits of the case and could not be subject to an interlocutory appeal. Ä¢¹½ÊÓƵAT held that the appeal against the Ä¢¹½ÊÓƵRWA DT order for production of document was not receivable, because it was interrelated to the alleged lack of jurisdiction. Noting that the Appellant would not be able to raise his issues in an appeal against the final judgment, as he did not file an application to Ä¢¹½ÊÓƵRWA DT and Ä¢¹½ÊÓƵRWA DT had not issued a judgment, Ä¢¹½ÊÓƵAT...