2017-Ä¢¹½ÊÓÆµAT-762, Lemmonier
Ä¢¹½ÊÓÆµAT 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¢¹½ÊÓÆµAT held that success before Ä¢¹½ÊÓÆµDT 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¢¹½ÊÓÆµAT, as the unsuccessful party before Ä¢¹½ÊÓÆµDT, the...
2017-Ä¢¹½ÊÓÆµAT-751, Wanza et al.
Ä¢¹½ÊÓÆµAT held that the Appellants had raised neither factual differences nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-Ä¢¹½ÊÓÆµAT-750 (Kagizi et al.). Ä¢¹½ÊÓÆµAT, therefore, adopted the reasoning from its prior judgment in paragraphs 18-27. Ä¢¹½ÊÓÆµAT dismissed the appeals and affirmed the Ä¢¹½ÊÓÆµDT judgments.
2017-Ä¢¹½ÊÓÆµAT-752, Baguma et al.
Ä¢¹½ÊÓÆµAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-Ä¢¹½ÊÓÆµAT-750 (Kagizi et al. ) and Ä¢¹½ÊÓÆµAT, therefore, adopted the reasoning from its prior judgment at paragraphs 18-27. Ä¢¹½ÊÓÆµAT dismissed the appeals and affirmed the Ä¢¹½ÊÓÆµDT judgments.
2017-Ä¢¹½ÊÓÆµAT-753, Kiluwe et al.
Ä¢¹½ÊÓÆµAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-Ä¢¹½ÊÓÆµAT-750 (Kagizi et al. ) and therefore Ä¢¹½ÊÓÆµAT adopted the reasoning from its prior judgment at paragraphs 18-27. Ä¢¹½ÊÓÆµAT dismissed the appeals and affirmed the Ä¢¹½ÊÓÆµDT judgments.
2017-Ä¢¹½ÊÓÆµAT-754, Kisubi et al.
Ä¢¹½ÊÓÆµAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-Ä¢¹½ÊÓÆµAT-750 (Kagizi et al. ) and therefore Ä¢¹½ÊÓÆµAT adopted the reasoning from its prior judgment at paragraphs 18-27. Ä¢¹½ÊÓÆµAT dismissed the appeals and affirmed the Ä¢¹½ÊÓÆµDT judgments.
2017-Ä¢¹½ÊÓÆµAT-755, Ramazani et al.
Ä¢¹½ÊÓÆµAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-Ä¢¹½ÊÓÆµAT-750 (Kagizi et al. ) and therefore Ä¢¹½ÊÓÆµAT adopted the reasoning from its prior judgment at paragraphs 18-27. Ä¢¹½ÊÓÆµAT dismissed the appeals and affirmed the Ä¢¹½ÊÓÆµDT judgments.
2017-Ä¢¹½ÊÓÆµAT-756, Nkashama et al.
Ä¢¹½ÊÓÆµAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-Ä¢¹½ÊÓÆµAT-750 (Kagizi et al. ) and therefore Ä¢¹½ÊÓÆµAT adopted the reasoning from its prior judgment at paragraphs 18-27. Ä¢¹½ÊÓÆµAT dismissed the appeals and affirmed the Ä¢¹½ÊÓÆµDT judgments.
2017-Ä¢¹½ÊÓÆµAT-757, Sarwar
Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT¡¯s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, Ä¢¹½ÊÓÆµDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. Ä¢¹½ÊÓÆµAT...
2017-Ä¢¹½ÊÓÆµAT-758, Pedicelli
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT was correct to reject the Applicant¡¯s claim that she had been downgraded on the basis that: the reclassification/renumbering exercise had a legitimate organizational objective; it was not a classification within the meaning of ST/AI/1998/9; and when the Appellant had submitted her post to proper classification, she was graded at the G-6 level, which was equivalent to her previous grade. Ä¢¹½ÊÓÆµAT found no error in Ä¢¹½ÊÓÆµDT¡¯s decision that the Appellant failed to show that the alignment of her post to conform with the GCS had any detrimental impact on her salary or pensionable...
Ä¢¹½ÊÓÆµDT/2017/054, Elobaid
Ä¢¹½ÊÓÆµDT noted that notifying the Assistant Secretary-General of the Office of Human Resource Management, in a case where authority to issue a reprimand has been delegated, is not required. Even if it was, its omission could not have had any impact on the validity of the impugned decision. The Applicant had not been properly given the opportunity to comment on the facts and circumstances prior to the issuance of a written or oral reprimand, thus his right to respond embodied by staff rule 10.2(c) was not observed. The facts relevant for the decision were not established to the required standard...