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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that as the Secretary-General had clearly established the Ä¢¹½ÊÓƵDT¡¯s lack of jurisdiction, Ä¢¹½ÊÓƵAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. Ä¢¹½ÊÓƵAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. Ä¢¹½ÊÓƵAT held that the appeal was receivable. On the merits, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that there was one...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submissions were largely a reiteration of his arguments before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s findings that the advice given to the Appellant regarding uncertified sick leave was correct. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s allegation that...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the weight of the evidence, in that case, justified the decision taken by Ä¢¹½ÊÓƵICEF. Ä¢¹½ÊÓƵAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to Ä¢¹½ÊÓƵAT¡¯s satisfaction that...

Ä¢¹½ÊÓƵAT rejected Ä¢¹½ÊÓƵDT¡¯s finding and held that, pursuant to the Inter-Organisation Agreement (which states that service in the releasing Organisation will be counted as service in the receiving Organisation), the staff member¡¯s service with Ä¢¹½ÊÓƵRWA should have been counted as service with the Ä¢¹½ÊÓƵ and that he thus met the service criterion for eligibility. Ä¢¹½ÊÓƵAT upheld the appeal and remanded the case to the Administration to decide whether the staff member met the remaining criteria for conversion to a permanent appointment.

Ä¢¹½ÊÓƵAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that Ä¢¹½ÊÓƵRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s determination as to the limits of its jurisdiction. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT recalled that Ä¢¹½ÊÓƵAT expressly held in Mmata (judgment No. 2010-Ä¢¹½ÊÓƵAT-092) that Article 10. 5 of the Ä¢¹½ÊÓƵDT Statute limited the total of all compensation to the equivalent of two years¡¯ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. Ä¢¹½ÊÓƵAT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Wu and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the cross-appeal was receivable, despite it being a default judgment and the Secretary-General not having been allowed to participate in the proceedings or to file a reply. Ä¢¹½ÊÓƵAT held that the application was not receivable ratione materiae on the basis that he had not made a timely request for management evaluation. Ä¢¹½ÊÓƵAT held that therefore Ä¢¹½ÊÓƵDT had no jurisdiction to address the merits of the claims in the application and those claims were not properly before Ä¢¹½ÊÓƵAT for consideration. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that applications to the Ä¢¹½ÊÓƵDT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. Ä¢¹½ÊÓƵAT found no merit in the Appellant¡¯s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s consideration that in the event of any ambiguity or contradiction between the Ä¢¹½ÊÓƵDT Statute and the Staff Rules, the former must...

Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵDT¡¯s finding that the application was moot and thus, not receivable. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s decision to dispose of the issue of compensation as part of another case was a case management decision well within the discretion of Ä¢¹½ÊÓƵDT and caused no injustice to the Appellant. Ä¢¹½ÊÓƵAT observed that it should never have been called on to review the Ä¢¹½ÊÓƵDT¡¯s decision since the fact that the application was moot was obvious. Ä¢¹½ÊÓƵAT held that the Appellant had manifestly abused the appeals process by filing an appeal that was blatantly frivolous. Ä¢¹½ÊÓƵAT opined that the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that there was no breach of Mr Powell¡¯s due process rights at the preliminary investigation stage. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT findings in paragraphs 86 and 106 of the...