Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claims regarding the termination of his appointment and the procedures that resulted in the termination could not be received since Ä¢¹½ÊÓƵAT did not have jurisdiction to review a judgment of the former Administrative Tribunal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed no error in law by considering that the participation of the civil servant and his counsel in the hearing by video conference would not have violated the Appellant's rights of defence. Ä¢¹½ÊÓƵAT held that, although the letter dated November 8, 2005, contained a sentence that could imply that, if the JDC requested...

Ä¢¹½ÊÓƵAT noted that the language on overtime was interpreted for around 50 years in one way and then was changed and that there was some ambiguity in the provision. Ä¢¹½ÊÓƵAT noted that it was still unclear on some issues surrounding whether it was proper for Staff Rules to apply differently in different duty stations and that Ä¢¹½ÊÓƵDT should hear evidence on the issue, including on potential differences in application amongst departments in New York. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment and remanded it to Ä¢¹½ÊÓƵDT for further proceedings.

Ä¢¹½ÊÓƵAT noted that there was no evidence to support the Appellant¡¯s allegations that the statements of her witnesses were used in their entirety by Ä¢¹½ÊÓƵDT and, even assuming that the Ä¢¹½ÊÓƵDT had been in breach of its rules of procedure by making those statements, Ä¢¹½ÊÓƵAT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. Ä¢¹½ÊÓƵAT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. Ä¢¹½ÊÓƵAT held that the compensation awarded by Ä¢¹½ÊÓƵDT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. Ä¢¹½ÊÓƵAT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...

Ä¢¹½ÊÓƵAT concurred with Ä¢¹½ÊÓƵDT that the Appellant neither appealed the administrative decision not to select him for the post, nor challenged the selection process or the JAB¡¯s conclusion, but rather he discussed the release of a Confidential Letter which occurred after the selection process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the appeal was not receivable with respect to the non-promotion. Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that Ä¢¹½ÊÓƵDT committed errors warranting the reversal of its determination that his challenge to the decision to release the Confidential Letter was not...

Ä¢¹½ÊÓƵAT held that the Appellant was unable to establish that her non-selection to the two posts was flawed, or that she was not given full and fair consideration during the selection process. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s claim was that she faced general discrimination for many years, but that she pleaded this without demonstrating specific discrimination when she was denied the appointment. Ä¢¹½ÊÓƵAT held that there is always a presumption that official acts have been regularly performed. Ä¢¹½ÊÓƵAT held that proof of unsubstantiated allegations of general discrimination, in the form of two letters...

Ä¢¹½ÊÓƵAT considered appeals of judgment Nos. Ä¢¹½ÊÓƵDT/2010/075 and Ä¢¹½ÊÓƵDT/2010/076. On the issue of being barred from the Ä¢¹½ÊÓƵOV premises, Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, Ä¢¹½ÊÓƵAT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. Ä¢¹½ÊÓƵAT held that, as a holder of an SSA contract, the Appellant was no...

On the issue of receivability, Ä¢¹½ÊÓƵAT noted that not taking a decision was also a decision. Ä¢¹½ÊÓƵAT noted that the alleged discrimination was based on a comparison between the claimant and staff members of a different category, namely international staff members. Ä¢¹½ÊÓƵAT held that the general principle of equal pay for equal work does not prevent a legislative body or the Administration from establishing different treatments for different categories of workers or staff members if the distinction is made on the basis of lawful goals. Ä¢¹½ÊÓƵAT held that there was no discrimination when the non-payment of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ms Bofill was not promoted as a result of the fact that the other candidates had scored higher than she had and she would not have been promoted even if the other candidates had not been promoted. Ä¢¹½ÊÓƵAT held that the procedural irregularity had no impact on her non-promotion. Ä¢¹½ÊÓƵAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should neither have rescinded the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Mr Dualeh was not promoted as a result of the fact that the other candidates had scored higher than he had and he would not have been promoted even if the other candidates had not been promoted. Ä¢¹½ÊÓƵAT held that the procedural irregularity had no impact on his non-promotion. Ä¢¹½ÊÓƵAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should neither have rescinded the...