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Ä¢¹½ÊÓƵAT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was the body best placed to assess a candidate¡¯s chance of selection for placement on the roster. Ä¢¹½ÊÓƵAT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin Ä¢¹½ÊÓƵDT¡¯s assessment that the staff member¡¯s chances were not in the realm of the speculative. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s cross...

Ä¢¹½ÊÓƵAT held that, while the representatives of the parties were present at the oral proceedings, they are entitled to the record of the testimonies made at those proceedings from the relevant Ä¢¹½ÊÓƵDT Registry. Ä¢¹½ÊÓƵAT held that this record is critical for the preparation of the appeal case. Ä¢¹½ÊÓƵAT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. Ä¢¹½ÊÓƵAT held that the Appellant was entitled to the record of the testimonies critical to the preparation of the appeal case, applying its jurisprudence in Finnis (Order No. 49 (2011)). Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT...

The Appellant filed a notice of withdrawal pursuant to the terms and conditions of a settlement agreement. Ä¢¹½ÊÓƵAT issued Order No. 188 (2014) noting the withdrawal and ordering the Registrar to close the case.

Ä¢¹½ÊÓƵRWA DT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. Ä¢¹½ÊÓƵAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member¡¯s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey¡¯s summary of evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching any importance to this omission. Ä¢¹½ÊÓƵAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. Ä¢¹½ÊÓƵAT held that the Secretary-General...

Ä¢¹½ÊÓƵAT considered both an application for Revision of judgment No. 2013-Ä¢¹½ÊÓƵAT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, Ä¢¹½ÊÓƵAT held that Mr Pirnea did not set forth a new fact that was unknown to both him and Ä¢¹½ÊÓƵAT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the Ä¢¹½ÊÓƵAT Statute and Article 24 of the Ä¢¹½ÊÓƵAT Rules of Procedure. On the motion for confidentiality, Ä¢¹½ÊÓƵAT noted that the motion was late, and it was unlikely that confidentiality could be achieved...

Ä¢¹½ÊÓƵAT found that the facts were not disputed in this case. Ä¢¹½ÊÓƵAT found that the appeal addressed errors of law and fact, maintaining that the Organisation was liable for accidents that occur on the way home, either directly or by a detour. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judgment very clearly stated the applicable law in Appendix D of the Staff Rules and that there was no error in the ABCC¡¯s practice not to cover injuries sustained during travel to and from work by an indirect route. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members¡¯ suitability for conversion. Ä¢¹½ÊÓƵAT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had made a significant error of law in concluding that the impugned decision was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that the appeal only addressed the award of material damages. Ä¢¹½ÊÓƵAT held that the staff member was entitled to one year¡¯s gross base salary apart from sick leave for the period of his certified illness. Ä¢¹½ÊÓƵAT held that the award of twelve months¡¯ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT dismissed...

Ä¢¹½ÊÓƵAT considered the appeal and allowed it in part. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. Ä¢¹½ÊÓƵAT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...