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Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred both in not permitting the Appellant to call a witness (AA) and in the incorrect conclusions it drew from her hearsay evidence. Ä¢¹½ÊÓƵAT held that, to the extent that BB (a non-Ä¢¹½ÊÓƵ staff member) was a witness adverse to the Appellant, the failure of the Secretary-General to secure her attendance before the Ä¢¹½ÊÓƵDT permitted an adverse inference which detracted considerably from the credibility and reliability of her allegations in the OIOS investigation report. Ä¢¹½ÊÓƵAT held that little weight could be attached to the evidence of two unidentified Ä¢¹½ÊÓƵ staff members, to whom the...

Ä¢¹½ÊÓƵAT held the Ä¢¹½ÊÓƵDT was correct to find the application non-receivable ratione materiae. At the time of the Ä¢¹½ÊÓƵDT Judgment, there was no final administrative decision that had direct legal consequences on the Appellant¡¯s terms of employment. In addition, in the intervening time, the Appellant has been selected for the post, and therefore, he has received that which he had sought originally, making his request for rescission of the contested decision moot. Regarding the request for compensation for the pay differential for 17 months, the Tribunal found because there was no appealable...

Ä¢¹½ÊÓƵAT first explained that this is a case where the Ä¢¹½ÊÓƵDT should have held a hearing to determine the states of mind of those persons who decided that the Staff Member should not have been placed on the roster. The Tribunal defined bias as follows: (paras. 29 - 32) "29. Bias is an element of natural justice which examines not only the mind of the decision?maker subjectively, but the manifestation of the process of decision-making examined objectively. Put another way, a decision is not only biased if made by a decision?maker deliberately intending to favour or disadvantage the subject of it for...

Ä¢¹½ÊÓƵAT disagreed and found the background of the prior retaliation against the Staff Member affects the principle of the presumption of regularity. In light of the circumstances of this particular case, Ä¢¹½ÊÓƵAT found the Administration bore the obligation to justify the lawfulness of its decision to cancel the Job Opening. Ä¢¹½ÊÓƵAT thus found the Ä¢¹½ÊÓƵDT erred by not requiring the Administration to establish its justification in law for the cancellation of the Job Opening. The administrative decision to cancel the Job Opening was rescinded, and the Tribunal set in lieu compensation at two years¡¯ net base...

Mr. Kuate appealed. Ä¢¹½ÊÓƵAT dismissed Mr. Kuate's contention that there was no basis until 1 April 2019, date of the final divorce decision, for the recovery of the allowances on grounds that the Cameroonian judgments were not final until that date. Ä¢¹½ÊÓƵAT found that Order No. 791 contained an enforceability clause and therefore the measures provided in that order went into force with immediate effect. Consequently, Mr. Kuate and his wife legally separated on 26 November 2015 when the order was issued. Also, on the basis of this order, from this day on Mr. Kuate had legal custody for (only) two of...

The Secretary-General filed an appeal. Ä¢¹½ÊÓƵAT granted the appeal and vacated the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that while the determination of which staff members should be compared is ¡°primarily guided by the functional title as per the staff member¡¯s letter of appointment¡±, there can be cases where the functional title does not reflect the actual functions performed as in the present case. In these circumstances, the CHRO must determine which individual falls into which occupational group. Ms. Barud¡¯s role and functions changed in May 2018 to a Facilities Management Assistant. Therefore, at the...

Ä¢¹½ÊÓƵAT held that the decision of Ä¢¹½ÊÓƵDT that the application in relation to the non-renewal decision was moot because the non-renewal decision never materialised was correct. Ä¢¹½ÊÓƵAT held that the non-renewal decision was overtaken by the Appellant¡¯s separation for health reasons and that the Appellant had not challenged the actual decision that ultimately resulted in the termination of her employment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had no obligation to consider the merits of the superseded decision once it correctly found that the application was moot. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the Administration was not legally allowed to consider seniority or career advancement in the selection process. Ä¢¹½ÊÓƵAT held that it was entirely proper to make a choice between two recommended candidates based partly on their respective seniority and time already served at a particular grade. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also erred in essentially reversing the burden of proof by requiring the Secretary-General to show that the factors considered were explicitly provided for in the legal framework rather...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against Judgment No. Ä¢¹½ÊÓƵDT/2021/032. It also considered a cross-appeal by Ms. Hilaire-Madsen claiming that the Ä¢¹½ÊÓƵDT should have rescinded the Administration¡¯s non-renewal decision and awarded her alternative compensation as well as compensation for moral damages.

As regards the lawfulness of the non-renewal decision, Ä¢¹½ÊÓƵAT held that under the specific circumstances, at the material time of the contested non-renewal decision at the end of December 2018, from the point of view of a fair-minded objective observer, with the information available at...

Mr. Farhadi appealed. Ä¢¹½ÊÓƵAT dismissed the appeal. Ä¢¹½ÊÓƵAT dismissed Mr. Farhadi's contention that the successful candidate had not been subject to the mandatory vetting procedure. The mere indication by the Hiring Manager of the fact that ¡°[b]oth candidates have worked with women and trade previously¡± under the rubric ¡°Reference check¡± was not sufficient to conclude that there were no actual reference checks. Ä¢¹½ÊÓƵAT held that more importantly, reference checks normally take place only once the selection has been concluded, and in the present case, Mr. Farhadi was not selected. Ä¢¹½ÊÓƵAT found that in...