Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. Ä¢¹½ÊÓƵAT held that the Appellant merely repeated arguments raised before Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT accepted Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT made fundamental errors of...

Ms. Reilly filed an application for correction. Ä¢¹½ÊÓƵAT found that her application was in substance both an application for correction and revision. Ä¢¹½ÊÓƵAT dismissed the application. Ä¢¹½ÊÓƵAT held that the corrections sought were of no material relevance to the outcome and reasoning of the judgment. With respect to one correction sought, Ä¢¹½ÊÓƵAT noted that the Secretary-General conceded that he had furnished the Appeals Tribunal with incorrect information - Ms. Reilly was on special leave with pay for four rather than six days in October 2019. Ä¢¹½ÊÓƵAT, however, found that that was not a decisive fact, as it...

Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the factual circumstances surrounding the staff member¡¯s transition from the temporary appointment to the FTA demonstrate that she was ¡°re-employed¡± on 1 February 2016. The Organization did not treat her as being continuously employed and it proceeded with an actual separation from service and dealt with the effects that this entails, such as payment of her accrued annual leave while serving on the temporary appointment. The Tribunal further noted that the staff member was re-employed, and not reinstated. The Tribunal remarks that because the temporary...

The staff member¡¯s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the Ä¢¹½ÊÓƵDT conclusion that the staff member¡¯s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): ¡°¡­ By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant¡¯s personal dignity but also adversely...

Ä¢¹½ÊÓƵAT reversed the Ä¢¹½ÊÓƵDT Judgment finding that the Contested Decision was never implemented. Noting that the issue of mootness was raised for the first time on appeal, Ä¢¹½ÊÓƵAT explained (paras. 32-33): ¡°It is ordinarily impermissible to raise a new point on appeal that is not covered by the pleadings or was not canvassed in the evidence before the Ä¢¹½ÊÓƵDT, unless the point is jurisdictional in nature. A question of jurisdiction may always be advanced on appeal for the first time. The reason for the jurisdictional exception is obvious. The principle of legality prohibits the Ä¢¹½ÊÓƵDT from assuming a...

Ä¢¹½ÊÓƵAT granted the appeal in part. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by failing to implement its mandatory obligation to award an amount of compensation in lieu of rescission. Ä¢¹½ÊÓƵAT held that there was no error in the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant had not discharged his burden of proof that the contested decision caused a loss of income due to loss of career opportunity. Ä¢¹½ÊÓƵAT held that the Appellant did not discharge his onus to show that Ä¢¹½ÊÓƵDT erred as the first instance trier of fact with regard to the issue of moral damages, and therefore accepted the Ä¢¹½ÊÓƵDT¡¯s findings on compensation for moral...

Ä¢¹½ÊÓƵAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the Ä¢¹½ÊÓƵSPC once they met the prerequisites for election, which they did. Ä¢¹½ÊÓƵAT held that both staff members were duly elected members of the Ä¢¹½ÊÓƵSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. Ä¢¹½ÊÓƵAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Wu and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the cross-appeal was receivable, despite it being a default judgment and the Secretary-General not having been allowed to participate in the proceedings or to file a reply. Ä¢¹½ÊÓƵAT held that the application was not receivable ratione materiae on the basis that he had not made a timely request for management evaluation. Ä¢¹½ÊÓƵAT held that therefore Ä¢¹½ÊÓƵDT had no jurisdiction to address the merits of the claims in the application and those claims were not properly before Ä¢¹½ÊÓƵAT for consideration. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, Ä¢¹½ÊÓƵAT held that, contrary to Ä¢¹½ÊÓƵRWA DT¡¯s finding, the Administration has the discretion to deny a request to extend a staff member¡¯s service beyond retirement only in exceptional cases and on account of the interests of Ä¢¹½ÊÓƵRWA, which must be reflected clearly and precisely in the reasoning for the decision. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that Ä¢¹½ÊÓƵDT should have only received her application against the selection decision. Ä¢¹½ÊÓƵAT held that the appeal was defective in that the Appellant did not clearly define the grounds of appeal as required under Article 2. 1 of the Ä¢¹½ÊÓƵAT Statute, however, Ä¢¹½ÊÓƵAT considered the appeal on the basis that the Appellant was self-represented. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s allegation that the case management of Ä¢¹½ÊÓƵDT was flawed. Ä¢¹½ÊÓƵAT held that the re...