2024-Ä¢¹½ÊÓÆµAT-1483, Jane Ocokoru
Ms. Ocokoru filed an appeal.
The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that Ms. Ocokoru had failed to file her appeal within the applicable time limit pursuant to Article 7(1) of the Ä¢¹½ÊÓÆµAT Statute and had failed to request a suspension, waiver or extension of the time limits. The Ä¢¹½ÊÓÆµAT concluded that the appeal was therefore time-barred and not receivable ratione temporis.
The Appeals Tribunal found that, in any event, the Ä¢¹½ÊÓÆµDT did not err in finding the application not receivable ratione materiae on grounds that the arguments raised by Ms. Ocokoru had already...
2024-Ä¢¹½ÊÓÆµAT-1482, Maha Mohammad Issawi
The Ä¢¹½ÊÓÆµAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the Ä¢¹½ÊÓÆµAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The Ä¢¹½ÊÓÆµAT further held that these actions should be viewed in light of the continuous efforts...
2024-Ä¢¹½ÊÓÆµAT-1481, Asmaa Abdullah Nassir Al-Timimi
The Ä¢¹½ÊÓÆµAT held that the former staff member did not meet the burden of showing that the Ä¢¹½ÊÓÆµDT Judgment was defective, instead merely arguing that the decision was not fair. On the contrary, the Ä¢¹½ÊÓÆµAT found that in not renewing her fixed-term appointment, the Administration acted lawfully and fairly.
The Ä¢¹½ÊÓÆµAT emphasized that the Administration¡¯s decision was part of a genuine restructuring which involved, among other measures, reprioritizing existing resources through reassignment, redeployment, and reclassification of staff, including the redeployment of the former staff member¡¯s position from...
2024-Ä¢¹½ÊÓÆµAT-1480, Mirjam Briel
The Ä¢¹½ÊÓÆµAT held that the Standing Committee of Ä¢¹½ÊÓÆµJSPB had appropriately found Ms. Briel ineligible to receive a widow¡¯s benefit.
The Ä¢¹½ÊÓÆµAT found that Ms. Briel should have submitted her appeal to the Ä¢¹½ÊÓÆµAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the Ä¢¹½ÊÓÆµAT Registry. Nonetheless, the Ä¢¹½ÊÓÆµAT reviewed the merits of her appeal.
The Ä¢¹½ÊÓÆµAT found that, at the time of the late participant¡¯s death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to...
2024-Ä¢¹½ÊÓÆµAT-1479, Polino Malish Abbas
The Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the Ä¢¹½ÊÓÆµAT found that while a decision to place a note in the former staff member¡¯s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the Ä¢¹½ÊÓÆµDT should have identified either decision as the contested decision, but erred in following the former staff member¡¯s assertion that a termination decision was taken on 1 April 2022.
Nevertheless...
2024-Ä¢¹½ÊÓÆµAT-1478, Mohammad Almasri
The Ä¢¹½ÊÓÆµAT found that no new fact was advanced by Mr. Almasri that had been unknown either to him or the Ä¢¹½ÊÓÆµAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. Instead, it was Mr. Almasri¡¯s negligence that brought about his factual ignorance...
Ä¢¹½ÊÓÆµDT/2024/097, Efrati
The Applicant claims that, by informing her that she would only be entitled to the long service step increment in August 2028 instead of August 2026, the Administration effectively made a new and separate administrative decision that is reviewable under the Tribunal¡¯s jurisdiction.
The issue under challenge for the purpose of receivability was whether the communication sent to the Applicant on 19 September 2023 constituted a reviewable administrative decision.
The Tribunal found that there was no decision made by the Respondent in the 19 September 2023 correspondence that adversely affects the...
Ä¢¹½ÊÓÆµDT/2024/098, Kabeel
Having examined the evidence on record, the Tribunal identifies the following issues for determination:
Whether the Applicant is entitled to parental leave under staff rule 6.3
The entitlement under new staff rule 6.3 on parental leave is only effective as of 1 January 2023, and its application is subject to the ¡°conditions established by the Secretary-General¡± as per staff rule 6.3(a). These conditions are set out in ST/AI/2023/2.
Section 1.2 of ST/AI/2023/2 provides that said administrative instruction governs the administration of parental leave in respect of a child born or adopted on or...
Ä¢¹½ÊÓÆµDT/2024/096, Stepanova
The Tribunal established that the Applicant was duly informed, before accepting the offer letter, of the mandatory nature of the condition of mobility in her proposed employment. However, even if mandatory mobility had not been so explicit in the pre-appointment documents, the regulatory framework stipulates at staff rule 4.1 that it is the letter of appointment (LOA) that contains expressly or by reference the terms and conditions of employment.
Therefore, when the Applicant signed her LOA on 3 October 2023, duly accepting all the terms and conditions of her employment, including the required...
Ä¢¹½ÊÓÆµDT/2024/095, Fagasinski
General verbal statements, which the Applicant asserts were made by his Fist Reporting Officer during team meetings, cannot constitute an express promise to renew his TA. More importantly, such verbal statements lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. Furthermore, the Tribunal found that no official commitment was made to the Applicant in writing to substantiate an expectation of renewal of his TA.
The Tribunal found that performance management procedures governed by ST/AI/2010/5 and...