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Ä¢¹½ÊÓƵAT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. Ä¢¹½ÊÓƵAT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant¡¯s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the Appellant¡¯s challenge which related to the comments of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it applied Ä¢¹½ÊÓƵICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion that the non-renewal decision was vitiated by Ä¢¹½ÊÓƵICEF¡¯s failure to take remedial measures to improve Mr Assale¡¯s performance was without legal basis. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erroneously concluded that both the Chad Country...

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. Ä¢¹½ÊÓƵDT/2014/007. Ä¢¹½ÊÓƵAT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala¡¯s application for an award of costs against the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no error of law or fact on the part of Ä¢¹½ÊÓƵDT in deeming Ms Fiala¡¯s application receivable. Noting that the weight to be attributed to evidence was a matter for Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT held that the arguments advanced by the Secretary-General did not...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that Ä¢¹½ÊÓƵRWA¡¯s decision not to renew the Appellant¡¯s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. Ä¢¹½ÊÓƵAT held that the irregularities in the assessment of the Appellant¡¯s performance were not sufficiently substantial or consequential so as to rebut...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Administration had failed to provide a performance-related justification for its decision not to renew Mr Ncube¡¯s fixed-term appointment. Ä¢¹½ÊÓƵAT held that the decision not to renew Mr Ncube¡¯s appointment had to be upheld despite the fact that his e-PAS suffered from procedural irregularities as it did not consider that the flaws rendered the appraisal unlawful or unreasonable. Ä¢¹½ÊÓƵAT considered that the decision not to renew the appointment was justified because the Secretary-General proved that the...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯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¢¹½ÊÓƵDT 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¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s submissions were valid in most aspects. Ä¢¹½ÊÓƵAT held that the award of 21 months¡¯ compensation was excessive as it was not reasonable to assume that Ms Belkhabbaz¡¯s fixed-term appointment would have been extended for longer than one year, finding that an award of 12 months¡¯ remuneration would be adequate compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence and erred in law by awarding pecuniary damages relating to Applicant¡¯s placement on sick leave with half pay. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by awarding...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in reopening a matter that had already been the subject of a final judgment of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT considered that Ä¢¹½ÊÓƵDT exceeded its competence and erred in law by making its own determination of Mr Sarwar¡¯s harassment complaint, emphasising that the role of the Tribunal is not to substitute its own decision for that of the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it rescinded the contested decision to close the matter underlying the Appellant¡¯s formal complaint, and when it ruled that there was no need for a new...

Ä¢¹½ÊÓƵAT considered the appeal of the consolidated applications. With respect to the first issue, Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the Appellant had failed to establish that the decision not to confirm his appointment as TDSE Advisor and to transfer him to his previous post was unlawful. Ä¢¹½ÊÓƵAT noted that there was no merit in the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT failed to examine the relevant facts and to apply legal and regulatory provisions to his performance evaluations during his probationary period. Ä¢¹½ÊÓƵDT also noted that the review of the Appellant¡¯s performance assessments...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err that, in the circumstances of the complaints made and the importance of the Appellant¡¯s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT ought not to have relied upon Morsy (judgment No. 2013-Ä¢¹½ÊÓƵAT-298), Assale (judgment No. 2015-Ä¢¹½ÊÓƵAT-534), and Sarwar (judgment No. 2017-Ä¢¹½ÊÓƵAT-757) as it did. Ä¢¹½ÊÓƵAT noted that in the Appellant¡¯s case, not only was there a performance-related justification required to be established but no proper...