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Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the Administration properly exercised its discretion to place the Applicant on administrative leave, considering an enduring reputational risk in light of the allegations relating to sexual abuse and exploitation of an under-age girl, which were reasonably supported by the evidence. Ä¢¹½ÊÓƵAT held that the new Staff Rule 10. 4(c), which had not yet been enacted at the relevant time, was not applicable to the Applicant¡¯s misconduct. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s factual findings were open to criticism in that...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing. Ä¢¹½ÊÓƵAT held, noting that the Appellant appeared to be restating the same claims she made before Ä¢¹½ÊÓƵDT, that she did not identify any grounds for her appeal nor demonstrate that Ä¢¹½ÊÓƵDT committed any error of fact or law in arriving at its decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT fully and fairly considered the case, without errors of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing. Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s claim that he should be considered a Ä¢¹½ÊÓƵ staff member because he worked with Ä¢¹½ÊÓƵOPS for over three years. Ä¢¹½ÊÓƵAT concluded that Ä¢¹½ÊÓƵDT correctly decided that the application was not receivable ratione personae. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. Ä¢¹½ÊÓƵAT was satisfied that the AJAB had considered all relevant evidence to the issues. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.

Ä¢¹½ÊÓƵDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. Ä¢¹½ÊÓƵAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...

The only issue in contention in this appeal is whether the Ä¢¹½ÊÓƵDT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT based the award of compensation for harm both on the evidence produced by the individual and what it described as ¡°pre-existing distress that the individual was already suffering from¡± which ¡°was exacerbated by the unlawful decision to refuse his request¡± to investigate the allegations of discrimination. Ä¢¹½ÊÓƵDT was to determine whether Mr. Kebede...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in law or fact resulting in a manifestly unreasonable decision when it found that i) there was no error of procedure stemming from the delay in completing the comments on the Appellant¡¯s rebuttal statement; and ii) the Appellant¡¯s claim regarding the assessment and findings of the rebuttal panel together with her final performance appraisal did not result in a challengeable administrative decision. Ä¢¹½ÊÓƵAT found that, because no explanation was provided for the initial and relevant delay, Ä¢¹½ÊÓƵDT erred in concluding that the reasons given by the administration...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in concluding that the decision not to renew the Appellant¡¯s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. Ä¢¹½ÊÓƵAT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. Ä¢¹½ÊÓƵAT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...

Ä¢¹½ÊÓƵAT held that it was not appropriate to adjudicate the ICAO Secretary-General¡¯s motion regarding the Appellant¡¯s claims impugning the AJAB¡¯s functioning as the ¡®Neutral First Instance Process¡¯ at that stage since the issues raised in the motion would be decided when Ä¢¹½ÊÓƵAT had considered the whole of the evidence in the appeal. Ä¢¹½ÊÓƵAT dismissed the motion. Ä¢¹½ÊÓƵAT held that AJAB had given a very thorough, fair, and informed consideration of the Appellant¡¯s case in which it examined the irregularities alleged. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s submission that AJAB erroneously admitted eight previously...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. Ä¢¹½ÊÓƵAT referred to Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. Ä¢¹½ÊÓƵAT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. Ä¢¹½ÊÓƵAT accordingly rejected the Appellant¡¯s request for compensation. Ä¢¹½ÊÓƵAT also referred to Article 9(2) of...