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Ä¢¹½ÊÓƵAT considered the appeal of the consolidated applications. With respect to the first issue, Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the Appellant had failed to establish that the decision not to confirm his appointment as TDSE Advisor and to transfer him to his previous post was unlawful. Ä¢¹½ÊÓƵAT noted that there was no merit in the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT failed to examine the relevant facts and to apply legal and regulatory provisions to his performance evaluations during his probationary period. Ä¢¹½ÊÓƵDT also noted that the review of the Appellant¡¯s performance assessments...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. Ä¢¹½ÊÓƵAT accordingly found that Ä¢¹½ÊÓƵRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, Ä¢¹½ÊÓƵAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that the relationship between a pension fund and its members and beneficiaries is determined principally by the Regulations of the Fund and that there is no other explicit contractual basis obliging the Fund to assume duties beyond those expressly provided for in the Regulations and Administrative Rules. However, Ä¢¹½ÊÓƵAT emphasized the importance of contracts being executed in good faith. Ä¢¹½ÊÓƵAT found that the Fund breached its duty of good faith because the correspondence between the Appellant and the Fund indicated that she needed assistance and further...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal, challenging Ä¢¹½ÊÓƵDT¡¯s finding that the application, as it related to the second contested decision, was filed on time and was receivable. Ä¢¹½ÊÓƵAT agreed with the Secretary-General, that the official holiday at the New York Registry on 5 September 2016 is irrelevant for the determination of the timeliness of the individual¡¯s filing before the Nairobi Registry. Although the case was later transferred to New York, on 6 September 2016, this case was still recorded as pending before Ä¢¹½ÊÓƵDT Nairobi and the filing of all documents in that month was expected to...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT found no reason to differ from Ä¢¹½ÊÓƵDT¡¯s conclusion. Ä¢¹½ÊÓƵAT found that the applicable procedural requirements were followed, and the evidence did not supersede the presumption of regularity of the administrative decision. Ä¢¹½ÊÓƵAT further noted that the Appellant was afforded full and fair consideration and that he failed to establish any bias by the members of the panel. Ä¢¹½ÊÓƵAT also held that the Appellant forewent the required procedures for filing complaints of discrimination and failed to provide evidence that he was the target of the restructuring exercise or that it...

Ä¢¹½ÊÓƵAT denied the request for an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the application was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by Ä¢¹½ÊÓƵAT by establishing the critical facts as instructed. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT's conclusions were consistent with the evidence. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant failed to establish that the decision not to...

The staff member filed an application for execution of judgment No. 2015-Ä¢¹½ÊÓƵAT-604 (Ocokoru). Ä¢¹½ÊÓƵAT noted that in judgment 2015-Ä¢¹½ÊÓƵAT-604, it did not make any order affecting the Ä¢¹½ÊÓƵDT judgment that was appealed but simply decided that the Secretary-General¡¯s appeal was not receivable. Ä¢¹½ÊÓƵAT held that the execution of the Ä¢¹½ÊÓƵDT judgment remained within the jurisdiction of Ä¢¹½ÊÓƵDT and, as such, it was not competent to grant the staff member¡¯s application. Ä¢¹½ÊÓƵAT observed that Article 27 (Execution of judgments) of the Ä¢¹½ÊÓƵAT Rules of Procedure, when read together with Article 11.4 of the Ä¢¹½ÊÓƵAT Statute...

Ä¢¹½ÊÓƵAT considered an application for interpretation of judgment No. 2017-Ä¢¹½ÊÓƵAT-774 filed by Mr Awe. The application was admitted in part. Ä¢¹½ÊÓƵAT ordered the Secretary-General to send a corrected version of the meeting minutes and of the FFP¡¯s findings to all the recipients of the 22 January 2014 meeting minutes. Ä¢¹½ÊÓƵAT held that its judgment did not address the question of whether Mr Awe could request disciplinary actions against Ms Yasin, or whether he could claim compensation for procedural errors in case such actions have not been undertaken since these issues were the subject of Mr Awe¡¯s separate...

Ä¢¹½ÊÓƵAT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the Ä¢¹½ÊÓƵAT judgment. Ä¢¹½ÊÓƵAT held that there was no need to order execution as the judgment had been executed in full since the order of rescission did not require execution by the Secretary-General. Ä¢¹½ÊÓƵAT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. Ä¢¹½ÊÓƵAT held that there was no merit in Mr Kallon¡¯s request for execution and, therefore, dismissed his request for costs against the Secretary-General for abuse...