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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. Ä¢¹½ÊÓƵAT held that the administrative decision was no longer a live issue and Ä¢¹½ÊÓƵDT was not competent to pass judgment on the application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found Mr. Crotty¡¯s application receivable. Ä¢¹½ÊÓƵAT held that in light of Ä¢¹½ÊÓƵDT¡¯s error in receiving the application, the Ä¢¹½ÊÓƵDT¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held the Ä¢¹½ÊÓƵDT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. Ä¢¹½ÊÓƵAT held that there was no merit to the complaint that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and comprehend the application and that Ä¢¹½ÊÓƵDT had the inherent power to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held the Ä¢¹½ÊÓƵDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. Ä¢¹½ÊÓƵAT held that there was no merit to the complaint that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and comprehend the application and that Ä¢¹½ÊÓƵDT had the inherent power to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. Ä¢¹½ÊÓƵAT held that the administrative decision was no longer a live issue and Ä¢¹½ÊÓƵDT was not competent to pass judgment on the application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found Mr Alsado¡¯s application receivable. Ä¢¹½ÊÓƵAT held that in light of the Ä¢¹½ÊÓƵDT¡¯s error in receiving the application, the Ä¢¹½ÊÓƵDT¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to terminate Mr Wright¡¯s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration¡¯s decision to terminate him. Ä¢¹½ÊÓƵAT held that the administrative decision was no longer a live issue and Ä¢¹½ÊÓƵDT was not competent to pass judgment on the application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found Mr Wright¡¯s application receivable. Ä¢¹½ÊÓƵAT held that in light of the Ä¢¹½ÊÓƵDT¡¯s error in receiving the application, the Ä¢¹½ÊÓƵDT¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith¡¯s request for management evaluation and the MEU¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and...

Ä¢¹½ÊÓƵAT vacated Ä¢¹½ÊÓƵDT¡¯s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, Ä¢¹½ÊÓƵAT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s findings that the provisions in the GMIP were mandatory for the Ä¢¹½ÊÓƵRWA, that the GMIP does not include a provision with respect to retroactivity, and that Ä¢¹½ÊÓƵRWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. Ä¢¹½ÊÓƵAT held that the GMIP could not apply outside of its scope of application. Ä¢¹½ÊÓƵAT held that there was no evidence that Ä¢¹½ÊÓƵRWA DT erred on the law or the facts, and that the Appellant¡¯s...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. Ä¢¹½ÊÓƵAT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to Ä¢¹½ÊÓƵDP. Ä¢¹½ÊÓƵAT held that the recommendation by OAIS was not an administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier¡¯s contention that the Secretary-General¡¯s appeal is not receivable because the impugned judgment did not award him any damages and was mere ¡°a moral victory¡±, Ä¢¹½ÊÓƵAT held that success before Ä¢¹½ÊÓƵDT depends on whether the staff member¡¯s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to Ä¢¹½ÊÓƵAT, as the unsuccessful party before Ä¢¹½ÊÓƵDT, the...