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The Ä¢¹½ÊÓƵAT dismissed the application for revision, finding that none of the alleged new facts were ¡°new facts¡± for the purpose of Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. The alleged new facts either occurred after the issuance of the Ä¢¹½ÊÓƵAT Judgment, were known to the Appeals Tribunal, or matters of law.

The Ä¢¹½ÊÓƵAT granted the application for correction in part, to the extent that the Ä¢¹½ÊÓƵAT agreed with Ms. Raschdorf's argument that an error arose in paragraph 44 of the Ä¢¹½ÊÓƵAT Judgment where the Ä¢¹½ÊÓƵAT wrongly referred to the Advisory Board on Compensation Claims instead of the Pension Fund.

Finally, the...

The Ä¢¹½ÊÓƵAT held that the facts upon which the staff member relied in his application for revision all post-dated the Ä¢¹½ÊÓƵAT Judgment and therefore could not serve as a basis for revising or reconsidering the Ä¢¹½ÊÓƵAT¡¯s prior conclusions. In particular, the Ä¢¹½ÊÓƵAT found that the staff member¡¯s medical record, indicating a change in his condition after the issuance of the Ä¢¹½ÊÓƵAT Judgment, did not constitute grounds for revising it.

However, the Ä¢¹½ÊÓƵAT granted the staff member¡¯s request for anonymity for the present Judgment only, given the limited scope of the issues raised and the specific facts...

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s conclusion on the receivability of the application but suggested that the Ä¢¹½ÊÓƵDT should have applied a different methodology for determining it.

The Ä¢¹½ÊÓƵAT held that the staff member did not have standing before the Ä¢¹½ÊÓƵDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The Ä¢¹½ÊÓƵAT also denied the Appellant¡¯s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The Ä¢¹½ÊÓƵAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT observed that given...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The Ä¢¹½ÊÓƵAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The Ä¢¹½ÊÓƵAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had made an error of fact...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT¡¯s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The Ä¢¹½ÊÓƵAT found that there was an error in the Ä¢¹½ÊÓƵRWA DT¡¯s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the Ä¢¹½ÊÓƵRWA would have found her unsuitable for the role at the end of the probationary period.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵRWA DT¡¯s methodology of fixing...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The Ä¢¹½ÊÓƵDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The Ä¢¹½ÊÓƵAT held that the absence of a case management discussion and an oral hearing before the Ä¢¹½ÊÓƵDT was not a procedural error.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred. The Ä¢¹½ÊÓƵAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant¡¯s objective...

The Ä¢¹½ÊÓƵAT held that the decision to cancel the appointment process and initiate a new process was one which fell squarely within the discretionary authority of the Administration. Given that a new appointment process had been embarked upon, there was no longer any administrative decision alleged to be in non-compliance with AAP¡¯s terms of appointment or contract of employment. Any dispute concerned with the initial appointment process was moot in the sense that there was no live issue in dispute which required determination by the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly dismissed AAP¡¯s...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant¡¯s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...