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The Secretary-General appealed, asserting that Ä¢¹½ÊÓƵDT exceeded its competence in ordering suspension of the decision not to renew Mr Onana¡¯s appointment until it determined the substantive application on its merits. Ä¢¹½ÊÓƵAT noted the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must therefore be narrowly interpreted; this exception only applies to jurisdictional decisions ordering the suspension of an administrative decision pending a management evaluation. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered Mr James¡¯ appeal and the Secretary-General¡¯s cross-appeal. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that Mr James was not eligible for the P-3 position both because he did not take the required examination and because of the lack of required qualifications. Ä¢¹½ÊÓƵAT accordingly dismissed Mr James¡¯ appeal that Ä¢¹½ÊÓƵDT erred in not awarding him compensation for loss of opportunity. Ä¢¹½ÊÓƵAT allowed the cross-appeal and set aside the order for compensation for distress. Ä¢¹½ÊÓƵAT noted that the compensation was not requested, there was no evidence of damage or injuries, and Mr James acknowledged on appeal...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal against the Ä¢¹½ÊÓƵDT¡¯s interpretation of judgment. It found that the appeal was not receivable because the interpretation of a judgment is not a fresh decision or judgment within the meaning of Article 2. 1 of the Ä¢¹½ÊÓƵAT Statute.

The Administration paid the compensation ordered by Ä¢¹½ÊÓƵDT and the Secretary-General subsequently filed his cross-appeal challenging Ä¢¹½ÊÓƵDT¡¯s decision to award compensation. Ä¢¹½ÊÓƵAT held that, by paying the compensation ordered, the Secretary-General accepted the Ä¢¹½ÊÓƵDT judgment and that his cross-appeal was, therefore, moot.

Ä¢¹½ÊÓƵAT held, noting that the Appellant relied on the Ä¢¹½ÊÓƵDT Rosca jurisprudence (judgment No. Ä¢¹½ÊÓƵDT/2009/052) in her request for Ä¢¹½ÊÓƵDT to waive the time limits for management evaluation, that the plain language of Article 8. 3 of the Ä¢¹½ÊÓƵDT Statute could not be disregarded. Ä¢¹½ÊÓƵAT approved judgment No. Ä¢¹½ÊÓƵDT/2009/051 as the law on this issue and disapproved the interpretation of Ä¢¹½ÊÓƵDT in Rosca. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and upheld Ä¢¹½ÊÓƵDT¡¯s judgment. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s request that her challenge of the first recruitment process be placed in abeyance until completion of the second recruitment process was unusual and rightly declined by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that no right of the Appellant was infringed upon, as she had not been denied an opportunity to compete for the post in question. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Ä¢¹½ÊÓƵDT¡¯s judgment.

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and found that Ä¢¹½ÊÓƵDT erred when it decided to give Ä¢¹½ÊÓƵHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. Ä¢¹½ÊÓƵAT noted that Article 10. 5(a) of the Ä¢¹½ÊÓƵDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). Ä¢¹½ÊÓƵAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

Ä¢¹½ÊÓƵAT noted that the Appellants did not refer to any article of the Regulations that provides that the full retirement benefit may be restored after a participant opts to commute a portion of the retirement benefit into a lump sum. Ä¢¹½ÊÓƵAT held that the Appellants were bound by their decision to accept one-third of their pension as a lump sum and a reduced pension. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s decision could not simply be reversed. Ä¢¹½ÊÓƵAT rejected the argument that the Appellants had been discriminated against and that their basic fundamental rights concerning equity, fairness, and justice under...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and affirmed the decisions of Ä¢¹½ÊÓƵJSPB Standing Committee. Ä¢¹½ÊÓƵAT found that the Appellant¡¯s first ground of appeal had no merit, noting that the Appellant had prior notice of her separation and could have exercised her right to restore her participation prior to the time of her separation in accordance with Section F. 1 of the Pension Fund¡¯s Administrative Rules, which she failed to do. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵJSPF Standing Committee had no discretion to make an exception in this case and the Standing Committee¡¯s decision not to restore the Appellant¡¯s prior...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT findings that there was no flaw in the procedure used by the Staff Management Coordinating Committee to select the staff representative on the IJC. Ä¢¹½ÊÓƵAT also affirmed the Ä¢¹½ÊÓƵDT judgments rejecting the staff member¡¯s allegations of conflict of interest on the part of the Ä¢¹½ÊÓƵDT judges. Ä¢¹½ÊÓƵAT further rejected the staff member¡¯s request that Ä¢¹½ÊÓƵAT judges recuse themselves from the hearing of the appeal, noting the limited role of the IJC in the appointment of the Ä¢¹½ÊÓƵAT judges and the lack of any professional relationship between the person appointed as a staff representative and...