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Ms. Koduru appealed. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in law or fact in concluding that Ms. Koduru¡¯s case was fully and fairly considered. Specifically, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that Ms. Koduru had failed to meet the burden of proof that the decision was based on ulterior motives and a protracted pattern of harassment, as well as to establish a causal link between the alleged incidents and the challenged administrative decision not to renew her fixed-term appointment. Rather, such a decision, as correctly determined by the Ä¢¹½ÊÓƵDT, was a reasonable and proper exercise of the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct when it found that the Appellant should not have been treated differently from other candidates without justification and that proceeding in the manner suggested by him would have breached the other shortlisted candidates¡¯ rights to fair and full consideration. Ä¢¹½ÊÓƵAT held that the only logical conclusion to be drawn was that Ä¢¹½ÊÓƵDT was correct in its finding that there was a regrettable error in the temporary job opening when it exempted the previously rostered candidates from any further assessment, and that this error was later rectified when all short-listed...

Ms. Reilly filed an application for correction. Ä¢¹½ÊÓƵAT found that her application was in substance both an application for correction and revision. Ä¢¹½ÊÓƵAT dismissed the application. Ä¢¹½ÊÓƵAT held that the corrections sought were of no material relevance to the outcome and reasoning of the judgment. With respect to one correction sought, Ä¢¹½ÊÓƵAT noted that the Secretary-General conceded that he had furnished the Appeals Tribunal with incorrect information - Ms. Reilly was on special leave with pay for four rather than six days in October 2019. Ä¢¹½ÊÓƵAT, however, found that that was not a decisive fact, as it...

Mr. Abdalla filed an application for revision and interpretation of Judgment No. 2021-Ä¢¹½ÊÓƵAT-1078, claiming that the filing of the Secretary-General¡¯s appeal had a suspensive effect on the ongoing proceedings in the Ä¢¹½ÊÓƵDT, that therefore the extended time limit to file an application would not have elapsed, and thus his ultimate application should be received; and that once Ä¢¹½ÊÓƵAT had dismissed the Secretary-General's appeal, it should have remanded the case for further adjudication. Ä¢¹½ÊÓƵAT found that Mr. Abdalla had failed to point to any statement or consideration in the Ä¢¹½ÊÓƵAT Judgment which would...

Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the factual circumstances surrounding the staff member¡¯s transition from the temporary appointment to the FTA demonstrate that she was ¡°re-employed¡± on 1 February 2016. The Organization did not treat her as being continuously employed and it proceeded with an actual separation from service and dealt with the effects that this entails, such as payment of her accrued annual leave while serving on the temporary appointment. The Tribunal further noted that the staff member was re-employed, and not reinstated. The Tribunal remarks that because the temporary...

The Ä¢¹½ÊÓƵDT was faced with two irreconcilable versions of the case, and thus it was necessary for the Ä¢¹½ÊÓƵDT to satisfy itself on the credibility and reliability of the various factual witnesses and probabilities. This task was made especially difficult for the Ä¢¹½ÊÓƵDT since the relevant witnesses did not present their evidence in person. In this case, the evidence presented by the Secretary-General was of an exceedingly limited nature and value. The Secretary-General relied exclusively on the contents of the written report of the OIOS investigation, which was entirely hearsay and, in some instances...

Ä¢¹½ÊÓƵAT dismissed the appeal. Ä¢¹½ÊÓƵAT held that 25 July 2017 was the relevant date triggering the time limit under Staff Rule 11.2(c). On that date, Ms. Wozniak was informed in unequivocal terms by the Administration that her request for deferment for the 2017 Rotation Exercise had been approved on retirement ground, on the understanding that she would retire on 30 April 2019. Thus, her request for management evaluation dated 24 July 2019 was filed outside the 60-day statutory time limit. Ä¢¹½ÊÓƵAT found that in any case the Ä¢¹½ÊÓƵDT also correctly held that even if it were to entertain that the...

The staff member¡¯s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the Ä¢¹½ÊÓƵDT conclusion that the staff member¡¯s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): ¡°¡­ By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant¡¯s personal dignity but also adversely...

Ä¢¹½ÊÓƵAT reversed the Ä¢¹½ÊÓƵDT Judgment finding that the Contested Decision was never implemented. Noting that the issue of mootness was raised for the first time on appeal, Ä¢¹½ÊÓƵAT explained (paras. 32-33): ¡°It is ordinarily impermissible to raise a new point on appeal that is not covered by the pleadings or was not canvassed in the evidence before the Ä¢¹½ÊÓƵDT, unless the point is jurisdictional in nature. A question of jurisdiction may always be advanced on appeal for the first time. The reason for the jurisdictional exception is obvious. The principle of legality prohibits the Ä¢¹½ÊÓƵDT from assuming a...

Ms. Coleman filed an appeal against the Ä¢¹½ÊÓƵDT Judgment asking that Ä¢¹½ÊÓƵAT reverse the Ä¢¹½ÊÓƵDT findings that (i) the failure to answer Ms. Coleman¡¯s repeated requests for information about her case did not amount to a procedural violation; (ii) Ms. Coleman had failed to provide proof of bias or prejudice; (iii) she was not entitled to moral damages. Ä¢¹½ÊÓƵAT found that the specific grounds of appeal under (i) and (ii) were devoid of any practicality as, even if they were to be accepted by the Appeals Tribunal as legally and factually true, this would not lead to a different ruling having an actual, real...