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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT adequately applied the appropriate principles set out in the former Ä¢¹½ÊÓƵ Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. Ä¢¹½ÊÓƵAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division¡¯s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that it would have been...

Ä¢¹½ÊÓƵAT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-Ä¢¹½ÊÓƵAT-036)). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in applying the decision in Rosca (Ä¢¹½ÊÓƵDT/2009/052), which was disproved by Ä¢¹½ÊÓƵAT in Costa, but that the error did not affect the outcome...

Ä¢¹½ÊÓƵAT noted that, even though it found the case non-receivable, Ä¢¹½ÊÓƵDT undertook a final review of the Appellant¡¯s allegations and that the case failed on the facts. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. Ä¢¹½ÊÓƵAT held there was no basis to disagree with Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. Ä¢¹½ÊÓƵAT rescinded the Ä¢¹½ÊÓƵDT¡¯s judgment to the extent that it awarded damages to Mr Abboud.

Ä¢¹½ÊÓƵAT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that it was open to Ä¢¹½ÊÓƵDT to consider the preliminary issue of whether the Appellant had legal standing even to challenge the administrative decision not to advertise the vacancies. Ä¢¹½ÊÓƵAT held there was no error in the Ä¢¹½ÊÓƵDT¡¯s decision that the Appellant was not entitled to contest the administrative decision since he was not an eligible candidate for any of the vacant posts. Ä¢¹½ÊÓƵAT held that the Appellant had no stake in the administrative decision as his rights and terms were not affected by the fact that the posts were not advertised. Ä¢¹½ÊÓƵAT held that the appeal failed on the ground that...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s judgment in Rosca was no longer good law, having been overruled by Ä¢¹½ÊÓƵAT in Costa. Ä¢¹½ÊÓƵAT held that time limits prescribed for administrative review and management evaluation (in the new system) could not be waived under Article 8(3) of the Ä¢¹½ÊÓƵDT Statute, due to a specific prohibition in this respect contained in Article 8(4) of the Ä¢¹½ÊÓƵDT Statute, as interpreted by Ä¢¹½ÊÓƵDT in Costa and affirmed by Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the application was time-barred and the delay in filing could not be condoned. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that none of the reasons for the delay asserted by the Appellant justified a 17-month late appeal. Ä¢¹½ÊÓƵAT held that it would consider only the time issues because the case was so clearly out of time. Ä¢¹½ÊÓƵAT held that any alleged error by Ä¢¹½ÊÓƵDT in considering the merits was moot. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal against Order No. Ä¢¹½ÊÓƵDT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, Ä¢¹½ÊÓƵAT held that the Order had no practical effect following the withdrawal of the request for suspension of action. Ä¢¹½ÊÓƵAT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the question of compensation. On the issue of the Secretary-General¡¯s appeal being time-barred, as raised by Mr. Kasyanov, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s judgment on merits for the case was not a final judgment; while it made substantive findings, it left the issue of remedy to be resolved in the future. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judgment on merits only became final when Ä¢¹½ÊÓƵDT issued the judgment on compensation. Ä¢¹½ÊÓƵAT held that, when the judgment on merits was appealed, a party could challenge the judgment on compensation and the judgment on...