Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵDT judgment was appealed by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not exceed the scope of judicial review by reviewing the facts and concluding that there was sufficient evidence of inebriation but concluding there was a lower level of alcohol consumed based on the breathalyzer result. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly balanced the competing considerations and concluded reasonably that the imposition of the sanction of separation from service with compensation in lieu of notice and termination indemnity was disproportionate to the misconduct. Ä¢¹½ÊÓƵAT held that the fact that the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err and that clear and convincing evidence established that the Appellant participated in an attempted taking of property belonging to the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that the disciplinary sanction of dismissal from service was proportionate and lawful. On the Appellant¡¯s claim that the items were ¡°garbage¡±, Ä¢¹½ÊÓƵAT held that this claim was entirely without merit as the evidence showed that the items included over USD 5,000 worth of material, including boxes of new floor tiles. On the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT failed to fully assess...

Ä¢¹½ÊÓƵAT was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that, even if the SAB issuance was a decision, it was only advisory or recommendatory. Ä¢¹½ÊÓƵAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer¡¯s representative and the original decision-maker. Ä¢¹½ÊÓƵAT held that it was the Secretary-General of IMO, who was not neutral in the first instance process, who took the final decision. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered the Appellants¡¯ consolidated appeals against the rejection of their requests to be upgraded to a higher level. Ä¢¹½ÊÓƵAT held that it was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that, even if the SAB issuance was a decision, it was nevertheless only advisory or recommendatory. Ä¢¹½ÊÓƵAT noted that SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he was both the employer¡¯s representative and the original...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in dismissing the application as not receivable ratione temporis. Ä¢¹½ÊÓƵAT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. Ä¢¹½ÊÓƵAT held that, with respect to the original decision, the Applicant did not file a request to Ä¢¹½ÊÓƵDT to suspend or extend the deadlines for filing her application to Ä¢¹½ÊÓƵDT, nor did she claim exceptional circumstances justifying a waiver of the time limits. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT found no error of law in Ä¢¹½ÊÓƵRWA DT¡¯s decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. Ä¢¹½ÊÓƵAT held that, by applying objective criteria in the reduction of the staffing levels, Ä¢¹½ÊÓƵRWA adhered to the principles of equality...

Ä¢¹½ÊÓƵAT held that the case was fully and fairly considered by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT found no error of law or fact in the Ä¢¹½ÊÓƵDT decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. Ä¢¹½ÊÓƵAT held that there was no error of fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed various errors of law, fact, and procedure. Ä¢¹½ÊÓƵAT held that the whole reasoning of Ä¢¹½ÊÓƵDT was misconstrued and Ä¢¹½ÊÓƵDT did not properly examine the lawfulness of the disciplinary sanction. Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of Ä¢¹½ÊÓƵFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another Ä¢¹½ÊÓƵFPA vendor. Further, Ä¢¹½ÊÓƵAT held that there was...

Ä¢¹½ÊÓƵAT held that it was not satisfied that the essential elements were present to enable Ä¢¹½ÊÓƵAT to exercise its jurisdiction within the meaning of Article 2(10) of the Ä¢¹½ÊÓƵAT Statute in regard to the decision of IMO SAB. Ä¢¹½ÊÓƵAT held that in this case, even if the SAB issued decision, it was nevertheless only advisory or recommendatory. Ä¢¹½ÊÓƵAT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer¡¯s representative and the original decision-maker. Ä¢¹½ÊÓƵAT held that it was the Secretary-General of IMO, who was not a...

Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General¡¯s appeal in Case No. Ä¢¹½ÊÓƵDT/NBI/2015/095 related to the issue settlement agreement, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...