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Regarding Contested Decision #1, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, Ä¢¹½ÊÓƵAT also agreed with Ä¢¹½ÊÓƵDT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, Ä¢¹½ÊÓƵAT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, Ä¢¹½ÊÓƵAT observed that there was no evidence that the staff member ought to have been appointed to the post in...

The Secretary-General appealed arguing that the Organization had no obligation to make all reasonable efforts to place the staff member in available suitable posts, as he only had an FTA and that such obligation was meant only for those who had continuing or permanent appointments. Ä¢¹½ÊÓƵAT disagreed and found that staff members should be ¡°retained¡± in an order of priority favouring, first, those with continuing appointments; second, holders of FTAs of more than two years¡¯ duration who were recruited competitively; and third and finally, other FTA holders. In the instant case, Ä¢¹½ÊÓƵAT found because...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵ-ISA Special Agreement and the resulting ISA Staff Rules do not comply with the Ä¢¹½ÊÓƵAT Statute and, consequently, Ä¢¹½ÊÓƵAT is unable to exercise its jurisdiction as a second-level tribunal. The jurisdictional power of Ä¢¹½ÊÓƵAT, ratione personae, and ratione materiae cannot be established or extended unilaterally by the litigating parties through a procedural contract, expressly or tacitly agreed.

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT and found that the administrative decision could not be regarded as a ¡°disguised termination¡±. Ä¢¹½ÊÓƵAT held that the staff member was not separated from service on 29 May 2019, and he in fact continued to retain his full position, rights, and entitlements of a staff member until the expiry of his FTA on 30 June 2019.

Ä¢¹½ÊÓƵAT agreed and found the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵDT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the Agency is estopped from revisiting the determination of whether the injury was service-related, given that the Agency had made several representations to the staff member over a period of time, and which the staff member had relied upon. However, Ä¢¹½ÊÓƵAT disagreed that granting reimbursement for medical expenses in Syria would automatically mean that the Agency would also pay for such expenses in Germany. Pursuant to Area Staff Rule 106.4(3), the staff member needed prior authorization before he could be reimbursed for the costs of medical treatment in hospitals...

Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵRWA DT and found the supervisor¡¯s request to the Agency to grant the staff member a special allowance also constituted an implicit request from the staff member himself. Ä¢¹½ÊÓƵAT reasoned that not only did the supervisor act upon the express request of the staff member when he sent the recommendation to the Agency, but it was also apparent and self-understood that both the staff member and the supervisor were a party to the process. Additionally, in this particular case, it is the staff member who followed up with the Agency regarding the status of the supervisor¡¯s request...

The Secretary-General appealed on the premise that Ä¢¹½ÊÓƵDT improperly substituted its decision for that of the Administration. Ä¢¹½ÊÓƵAT disagreed and found that the reason Ä¢¹½ÊÓƵDT rescinded the decision was because it suffered from incoherence, i.e. the reasons provided for singling out the staff member with a shorter extension of his FTA changed over time and were not supported by the facts. Ä¢¹½ÊÓƵAT also noted the ex post facto reasons for selecting the cross-appellant rather than one of the other staff members provide an inadequate justification, especially in light of the incoherence and the fact that...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the present case does not provide sufficient evidence to conclude that the identification of candidates was available to the assessors. Ä¢¹½ÊÓƵAT held that Mr Krioutchkov has failed to rebut the Ä¢¹½ÊÓƵDT finding regarding the legality of the CRB process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law, and its judgment is consistent with the Ä¢¹½ÊÓƵAT jurisprudence. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵDT misapplied the law of mootness and erred in law in reaching the impugned Judgment, in that it omitted to follow an important passage in Kallon relating to the cautious approach in applying the law of mootness.