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In judgment No. 2010-Ä¢¹½ÊÓƵAT-050, Ä¢¹½ÊÓƵAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that it had no jurisdiction to receive the Appellant¡¯s appeal before the JAB. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment. In judgment No. 2010-Ä¢¹½ÊÓƵAT-050/Corr. 1, Ä¢¹½ÊÓƵAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s submission that the appeal was...

Ä¢¹½ÊÓƵAT considered an appeal that centred on whether the Appellant should be awarded enhanced compensation of three months¡¯ net base salary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make a reversible error in declining to award compensation for moral suffering. Ä¢¹½ÊÓƵAT held that the case was distinguishable from Mebtouche (Ä¢¹½ÊÓƵDT/2009/039), where the Applicant, Mr Mebtouche, had already retired and had no chance of being promoted, therefore enhanced compensation was justified. Ä¢¹½ÊÓƵAT held that enhanced compensation could not be awarded to the Appellant. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the counsel of the Secretary-General had not been notified of the hearing date due to a technical error in the e-mail communication, which prejudiced seriously the Secretary-General¡¯s defence. Ä¢¹½ÊÓƵAT held, therefore, that the Ä¢¹½ÊÓƵDT judgment should be set aside, and the matter retried afresh. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment. The case was remanded to Ä¢¹½ÊÓƵDT to be heard afresh.

Ä¢¹½ÊÓƵAT held that the appeal was not filed untimely and was, therefore, receivable. Ä¢¹½ÊÓƵAT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, Ä¢¹½ÊÓƵDT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. Ä¢¹½ÊÓƵAT held, concerning the conclusion that compensation should be paid for moral damages...

Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. Ä¢¹½ÊÓƵAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, Ä¢¹½ÊÓƵAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

Ä¢¹½ÊÓƵAT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. Ä¢¹½ÊÓƵAT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. Ä¢¹½ÊÓƵAT dismissed the appeal and...

In Judgment No. 2010-Ä¢¹½ÊÓƵAT-050, Ä¢¹½ÊÓƵAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that it had no jurisdiction to receive the Appellant¡¯s appeal before the JAB. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment. In Judgment No. 2010-Ä¢¹½ÊÓƵAT-050/Corr.1, Ä¢¹½ÊÓƵAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s submission that the appeal was...

Ä¢¹½ÊÓƵAT considered an appeal centred on the receivability of the appeal to the JAB. The Appellant had sought a waiver of the time limit to appeal before JAB on the basis that his legal counsel was away from Syria for medical treatment for a year. Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances to justify the Appellant¡¯s 18-month delay in filing his appeal pending either his counsel¡¯s return or replacement. Ä¢¹½ÊÓƵAT held that the JAB properly considered that there were no exceptional circumstances justifying a waiver of the time limit to file an appeal to the JAB. Ä¢¹½ÊÓƵAT dismissed the appeal and...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish that Ä¢¹½ÊÓƵDT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that the issues raised on appeal did not require further clarification. Ä¢¹½ÊÓƵAT rejected the submission from the Secretary-General that the appeal was time-barred since the appeal was a corrected appeal and, therefore, conform to the requirements of Article 8 of the Ä¢¹½ÊÓƵAT RoP. Ä¢¹½ÊÓƵAT held that the Appellant had failed to identify one of the five grounds of appeal which could give legal basis to her appeal and that her arguments were the same made before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish how Ä¢¹½ÊÓƵDT had erred on questions of...