Ä¢¹½ÊÓƵ

The Appellant appealed the Ä¢¹½ÊÓƵRWA DT judgment failure to consider several points and to address compensation. Ä¢¹½ÊÓƵAT held that the Appellant did not identify any of the requisite grounds in his appeal. Ä¢¹½ÊÓƵAT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s decision not to award compensation on the basis that there was no evidence in support of the Appellant¡¯s claim of psychological suffering. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant¡¯s complaint that Ä¢¹½ÊÓƵRWA DT did not address his complaint regarding the deduction by Ä¢¹½ÊÓƵRWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, Ä¢¹½ÊÓƵAT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the Ä¢¹½ÊÓƵRWA DT when it determined these...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further Ä¢¹½ÊÓƵAT found no merit in the Secretary-General¡¯s argument that Ä¢¹½ÊÓƵDT improperly substituted its discretion for...

Ä¢¹½ÊÓƵAT considered Mr Krioutchkov¡¯s appeal as well as the Secretary-General¡¯s cross-appeal. Ä¢¹½ÊÓƵAT preliminarily denied Mr Krioutchkov¡¯s request for an oral hearing after finding that it would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that Mr Krioutchkov¡¯s application was receivable by Ä¢¹½ÊÓƵDT and noted that, in order to trigger the statutory time limits for each selection decision, it is necessary for the Administration to notify the unsuccessful candidates of the issuance of each of such decisions. To that end, Mr Krioutchkov only learned at the beginning of February...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and Ademagic¡¯s cross-appeal. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s determination that the Assistant Secretary-General for Office of Human Resources Management did not give meaningful individual consideration to the staff members¡¯ requests for conversion to permanent appointments. Ä¢¹½ÊÓƵAT noted that it gave a clear directive to the Administration that, upon remand, it should consider the staff members¡¯ suitability for conversion to permanent appointments ¡°by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert their...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s determination and noted that it gave a clear directive to the Administration that, upon remand, it should consider staff member¡¯s suitability for conversion to a permanent appointment ¡°by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert her appointment¡± and that the Administration failed to comply with the said directive. Ä¢¹½ÊÓƵAT also agreed with Ä¢¹½ÊÓƵDT that the Assistant Secretary-General for Office of Human Resources Management failed to give any consideration whatsoever to...

Ä¢¹½ÊÓƵAT considered the appeals of both the Secretary-General and Mancussen et al. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s determination that the Assistant Secretary-General for Office of Human Resources Management did not give meaningful individual consideration to the staff members¡¯ requests for conversion to permanent appointments and noted that Ä¢¹½ÊÓƵAT gave a clear directive to the Administration that, upon remand, it should consider the staff members¡¯ suitability for conversion to permanent appointments ¡°by reference to the relevant circumstances as they stood at the time of the first impugned refusal to convert...

Ä¢¹½ÊÓƵAT considered all arguments made on appeal. Ä¢¹½ÊÓƵAT noted that the Secretary-General failed to demonstrate errors of fact or law in Ä¢¹½ÊÓƵDT¡¯s findings. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s findings that the Approving Authority¡¯s request for clarification from the Selection Panel was not in accordance with the staff selection procedures set forth in Section 5.5 of CF/EXD/2009-009 and that this request obviously resulted in the Selection Panel changing its recommendation. Ä¢¹½ÊÓƵAT noted that, with regard to Section 9 of CF/AI/2010-001, the 22 September 2011 memorandum did not provide a basis for the Approving...

Ä¢¹½ÊÓƵAT found that the execution of the Ä¢¹½ÊÓƵDT judgment No. Ä¢¹½ÊÓƵDT/2014/007 had been suspended following the filing of the Secretary-General¡¯s appeal to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judgment had become duly executable upon the issuing to the parties of judgment No. 2015-Ä¢¹½ÊÓƵAT-516 wherein Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal against Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the staff member¡¯s motion seeking execution was properly filed before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the request for execution had been rendered moot by the event that the payment was issued on 22 July 2015. Ä¢¹½ÊÓƵAT considered that the only...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT further rejected the staff member¡¯s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erroneously substituted itself for the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...