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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. Ä¢¹½ÊÓƵAT concurred with the former Ä¢¹½ÊÓƵ Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member¡¯s fixed-term appointment was not unlawful. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s finding that the staff member had suffered no material harm from the series of renewals for short...

Ä¢¹½ÊÓƵAT held that the appeal was not based on any of the required grounds. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s observation that it was not enough for the Appellant to merely allege favouritism and yet...

Ä¢¹½ÊÓƵAT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. Ä¢¹½ÊÓƵAT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, Ä¢¹½ÊÓƵAT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. Ä¢¹½ÊÓƵAT held that judgment No. 2013-Ä¢¹½ÊÓƵAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the Ä¢¹½ÊÓƵDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; Ä¢¹½ÊÓƵAT held that each candidate for permanent appointment...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and an appeal Ademagic et al. Ä¢¹½ÊÓƵAT held that judgment No. 2013-Ä¢¹½ÊÓƵAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the Ä¢¹½ÊÓƵDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; Ä¢¹½ÊÓƵAT held that each candidate for permanent appointment...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that Ms Akello¡¯s involvement in the private company Blessed Seasons, which was on a Ä¢¹½ÊÓƵ list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. Ä¢¹½ÊÓƵAT held that, in ruling otherwise, Ä¢¹½ÊÓƵDT erred in law and fact and the Secretary-General¡¯s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

The staff member appealed seven Ä¢¹½ÊÓƵDT judgments. Ä¢¹½ÊÓƵAT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.

Ä¢¹½ÊÓƵAT held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA¡¯s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. Ä¢¹½ÊÓƵAT noted that the Commissioner-General did not dispute the Appellant¡¯s claim that the Ä¢¹½ÊÓƵRWA Area Staff Rules...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of fact or law when it concluded that the difference of treatment between the Appellant and his former colleagues who had undergone a competitive selection process was lawful. Ä¢¹½ÊÓƵAT held that it was reasonable and lawful to treat them differently at the time of deciding about the possible extension of his fixed-term appointment because equality meant not only the equal treatment of equals but also the unequal treatment of unequal. Ä¢¹½ÊÓƵAT held that there was no flaw in the motivation of the impugned judgment that could result in a manifestly unreasonable...

Ä¢¹½ÊÓƵAT held that the Appellant failed to establish any errors warranting the reversal of the Ä¢¹½ÊÓƵDT judgment concerning her entitlements. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly concluded that the claim was not receivable. Ä¢¹½ÊÓƵAT recalled that Ä¢¹½ÊÓƵDT has no jurisdiction to waive the deadlines for management evaluation or administrative review. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.