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Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵRWA DT judgment under appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly determined that the application was not receivable. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish that Ä¢¹½ÊÓƵRWA DT had committed errors in law or fact in reaching its decision. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claim that he was denied legal representation was not made before Ä¢¹½ÊÓƵRWA DT, although it was a circumstance that was known to the Appellant at that time. Ä¢¹½ÊÓƵAT held that it would not permit the issue to be raised for the first time on appeal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. Ä¢¹½ÊÓƵAT held that, other than repeating his arguments before the Ä¢¹½ÊÓƵRWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that the claims of errors of fact on the part of Ä¢¹½ÊÓƵRWA DT, resulting in a manifestly unreasonable decision, were unsustainable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...

On appeal, Ä¢¹½ÊÓƵAT noted that the Appellant had acknowledged in a Memorandum from 6 July 2002 that he was driving after duty hours when the accident occurred. Ä¢¹½ÊÓƵAT held that the Appellant had failed to provide any documentary or other evidence to the contrary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact when it found that the Appellant was not on duty at the time of the accident and did not err in law when it determined he had no legal right to compensation under MTTI No. 6. Ä¢¹½ÊÓƵAT further held that Ä¢¹½ÊÓƵRWA DT did not make an error of law in discounting the Israeli court¡¯s evaluation of the Applicant...

Ä¢¹½ÊÓƵAT considered appeals by both the staff member and the Commissioner-General. Ä¢¹½ÊÓƵAT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. Ä¢¹½ÊÓƵAT held that termination was not disproportionate to the offence, taking into account that the staff member¡¯s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the 2009 Johnson case and the present case dealt with identical factual circumstances. Ä¢¹½ÊÓƵAT noted that the Secretary-General contended that, following the issuance of judgment No. 2012-Ä¢¹½ÊÓƵAT-240, it was clear that he could no longer require staff members to apply their foreign tax credits to reduce tax liability. Ä¢¹½ÊÓƵAT noted that the staff member had already used her foreign tax credit in 2010 before the Organisation changed its policy and rescinded its decision to require her to apply her foreign tax credits for her 2010 tax...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in excluding documents from the OSF and by ordering compensation for alleged damages not related to any established illegality. Ä¢¹½ÊÓƵAT held that, even if the irregularities and delays in the appraisal procedure were so serious that they rendered the ¡­ evaluations meaningless, it did not mean that they should not be kept in the OSF. Ä¢¹½ÊÓƵAT held that they, together with the corrective substitute reports or decisions, should all be kept in order to explain the whole process. Ä¢¹½ÊÓƵAT, therefore, held that Ä¢¹½ÊÓƵDT had erred in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that, at the time Ä¢¹½ÊÓƵICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the staff member¡¯s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration¡¯s decision to reverse the decision was untimely and ineffective. Ä¢¹½ÊÓƵAT held that there was no reason to reverse Ä¢¹½ÊÓƵDT¡¯s finding that the staff member had been deprived of a...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed a substantial error in procedure in not granting due process of law to the Administration. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have issued a default ¡°Summary judgment¡± on the merits of the case. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment. The case was remanded to another Ä¢¹½ÊÓƵDT Judge to be tried on its merits after both parties have had the opportunity to make...