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On the issue of Ä¢¹½ÊÓƵDT¡¯s denial of the Appellant¡¯s request for confidentiality, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or fact in denying her request as if confidentiality were attached to the identity of each staff member, there would be no transparency. Ä¢¹½ÊÓƵAT did not admit into evidence additional documents as they were of no assistance to it and there were no exceptional circumstances. Ä¢¹½ÊÓƵAT held that the Appellant merely gave passing reference to the Ä¢¹½ÊÓƵAT Statute¡¯s grounds of appeal and offered no legal authority to support her claims. Ä¢¹½ÊÓƵAT agreed with the characterization of the issue by Ä¢¹½ÊÓƵDT...

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 Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it rescinded the contested decision to close the matter underlying the Appellant¡¯s formal complaint, and when it ruled that there was no need for a new...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 whether Ä¢¹½ÊÓƵDT erred in concluding that the decision not to renew the Appellant¡¯s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. Ä¢¹½ÊÓƵAT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. Ä¢¹½ÊÓƵAT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in law or fact resulting in a manifestly unreasonable decision when it found that i) there was no error of procedure stemming from the delay in completing the comments on the Appellant¡¯s rebuttal statement; and ii) the Appellant¡¯s claim regarding the assessment and findings of the rebuttal panel together with her final performance appraisal did not result in a challengeable administrative decision. Ä¢¹½ÊÓƵAT found that, because no explanation was provided for the initial and relevant delay, Ä¢¹½ÊÓƵDT erred in concluding that the reasons given by the administration...

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...

With respect to the Appellant¡¯s appeal as it pertained to his 2016 performance evaluation and OTI, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err on a question of law or fact resulting in a manifestly unreasonable decision, nor did it commit an error in procedure such as to affect the outcome of the case. Ä¢¹½ÊÓƵAT held that the issue of the e-PERs of the other staff members was not raised before Ä¢¹½ÊÓƵRWA DT and, therefore, was not receivable. Ä¢¹½ÊÓƵAT held that the reopening of the 2016 e-PER did not affect the overall performance evaluation, which was maintained as ¡°fully meets¡± expectations, and therefore this...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was unable to detect any fault in the Ä¢¹½ÊÓƵDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. Ä¢¹½ÊÓƵAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. Ä¢¹½ÊÓƵAT held that the application was...