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The Ä¢¹½ÊÓƵAT held that because the possible error in the assessment of the facts by the Ä¢¹½ÊÓƵDT had no bearing on the outcome of the case, the Secretary-General¡¯s cross-appeal could not be received.

The Ä¢¹½ÊÓƵAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying ¡°no¡± to the question whether he had ¡°ever been indicted, fined or imprisoned for the violation of...

The contested decision impacted the Applicant¡¯s terms of appointment or contract of employment. It had a negative impact on the Applicant¡¯s legal situation vis-¨¤-vis his employer and on his ability to properly plan his professional life. It also altered the reason for the Applicant¡¯s separation from service from termination of contract due to abolishment of post to non-renewal. Consequently, the application is receivable ratione materiae.

There is no evidence confirming the alleged operational needs justifying the contested decision to keep the Applicant beyond 31 May 2021. There is enough...

On anonymization Article 11.6 of the Tribunal¡¯s Statute provides in its relevant part that its judgments shall be published while protecting personal data. A similar provision is contained in art. 26.2 of the Tribunal¡¯s Rules of Procedure. Given that the present case relies on medical evidence to support a claim for moral harm, the Tribunal finds that it is reasonable to redact the Applicant¡¯s name from this judgment. On the merits Based on the evidence on record, the Tribunal concluded the following. First, the Tribunal found that the two charges against the Applicant were established as per...

The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT erred in considering that the different periods of ALWOP on which Mr. Okwakol was placed, were the subject of a single and continuing administrative decision. The Ä¢¹½ÊÓƵAT held that each of the three identifiable periods was the subject of consideration or reconsideration of the circumstances at that time. On each occasion, the Organisation took a decision about the state of the misconduct investigation and its ongoing nature and advised Mr. Okwakol accordingly. It was not decisive or even material that the renewals of the ALWOP were referred to as extensions of...

Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵJSPB decision.

Ä¢¹½ÊÓƵAT recalled that at the time of Mr. Arigon¡¯s entry into participation in 2002, Article 24 did not allow him the option to restore his prior contributory service because that option was limited to participants whose previous period of contributory service was less than five years and who had received a withdrawal settlement; neither of which applied to him. When the 2007 amendment to Article 24 was introduced, he had a one-year window, from 1 April 2007 to 1 April 2008, during which he could elect to restore his prior period of...

The Ä¢¹½ÊÓƵAT considered an appeal by the Ä¢¹½ÊÓƵRWA staff members. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT was incorrect in finding that the reminder letters were not reprimands for the purposes of Appellants being able to challenge the letters¡¯ placement in their official status files. This was because such a reminder could not be considered a neutral action, but rather a warning of any possible disregard of the Agency¡¯s regulatory framework. The Ä¢¹½ÊÓƵAT found that to the eyes of an average person, such a reminder is undeniably akin to a reprimand.

The Ä¢¹½ÊÓƵAT agreed with the Appellants that there is no Ä¢¹½ÊÓƵRWA...

Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT Judgment. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.

Ä¢¹½ÊÓƵAT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency. An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...

AAF appealed.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The Ä¢¹½ÊÓƵAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member¡¯s due process rights, namely his or her possibility of challenging the administrative decision before the Ä¢¹½ÊÓƵDT. As the Secretary-General had...

Procedural issue: anonymity In the present case, the sensitive information regarding the Applicant¡¯s medical history and his mental health status constitutes exceptional circumstances that warrant granting anonymity. Therefore, the Applicant¡¯s name is anonymized in the present judgment. Scope of judicial review It is within the Tribunal¡¯s competence to hold a hearing or look at facts that were allegedly not before the decision-maker to determine whether relevant factors have been ignored. This is fundamentally different from a de novo investigation into the facts underlying the disciplinary...

The Ä¢¹½ÊÓƵAT first reviewed the Secretary-General¡¯s claim that the Ä¢¹½ÊÓƵDT erred in finding that Mr. Loto¡¯s application was receivable with respect to the entire period for which he was on ALWOP. The Secretary-General contended that Mr. Loto had timely challenged only an initial ALWOP decision, and not a subsequent decision when the ALWOP was extended. The Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s receivability argument, finding that the Secretary-General was estopped from raising it on appeal. The Ä¢¹½ÊÓƵAT observed that Mr. Loto had filed a request for management evaluation of the second ALWOP decision...