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The Ä¢¹½ÊÓƵAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. Ä¢¹½ÊÓƵDT/2022/124 and that the Ä¢¹½ÊÓƵDT did not err in delivering its Judgment during the pendency of that appeal. The Ä¢¹½ÊÓƵAT nevertheless observed that the Ä¢¹½ÊÓƵDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the Ä¢¹½ÊÓƵAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT rightfully refused to...

The Ä¢¹½ÊÓƵAT dismissed the appeal, without prejudice.

The Ä¢¹½ÊÓƵAT noted that Mr. Radu¡¯s appeal concerned the administrative decision of 8 November 2021 in respect of his separation from service during certified sick leave.

The Ä¢¹½ÊÓƵAT further noted that a separate appeal by Mr. Radu, first before the Appeals Board and now before the Ä¢¹½ÊÓƵAT, concerned that same administrative decision of 8 November 2021 on its merits, i.e. the disciplinary measure of separation from service for the alleged misconduct (Ä¢¹½ÊÓƵAT Case No. 2023-1804).

The Ä¢¹½ÊÓƵAT found that the impugned Appeals Board Decision in this case was not...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the Ä¢¹½ÊÓƵAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.

The Ä¢¹½ÊÓƵAT held that the Appellant¡¯s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.

The Ä¢¹½ÊÓƵAT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...

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

The Ä¢¹½ÊÓƵAT found that the staff member did not cite any provision of Article 2(1) of the Ä¢¹½ÊÓƵAT Statute and did not indicate whether any errors by the Ä¢¹½ÊÓƵRWA DT in his case related to its jurisdiction, the procedure, a question of law or a question of fact. The Ä¢¹½ÊÓƵAT held that the appeal was defective and consequently not receivable.

The Ä¢¹½ÊÓƵAT, nevertheless, reiterated its jurisprudence on some of the issues raised, and agreed with the way the Ä¢¹½ÊÓƵRWA DT had determined the amount of in-lieu compensation. The Ä¢¹½ÊÓƵAT also agreed with the Ä¢¹½ÊÓƵRWA DT¡¯s...

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

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member¡¯s separation. The Ä¢¹½ÊÓƵAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The Ä¢¹½ÊÓƵAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...

As a preliminary matter, the Ä¢¹½ÊÓƵAT dismissed Mr. Qassem¡¯s request for an oral hearing. The Ä¢¹½ÊÓƵAT found that the factual and legal issues arising from the appeal had been clearly defined by the parties and moreover, an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±.

The Ä¢¹½ÊÓƵAT found that since Mr. Qassem¡¯s fixed-term appointment was extended beyond 31 March 2020, with no effect given to the initial administrative decision not to renew his employment beyond this date, the Ä¢¹½ÊÓƵDT did not err in finding that the application was moot since the administrative decision...

The Ä¢¹½ÊÓƵAT considered three appeals by the applicant.

The Ä¢¹½ÊÓƵAT found that the impugned Order was an interlocutory order and was obviously beyond the competence of the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT held that the applicant had not submitted documents to prove being a United Nations staff member and that he had no legal standing before the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT noted that there was no evidence of an offer of appointment having been issued to him for either post. Second, he failed to complete the pre-recruitment formalities for both posts. Third, he failed to confirm, within a reasonable time, his interest and...

Mr. Bwalya appealed.

The Ä¢¹½ÊÓƵAT found that Mr. Bwalya had not demonstrated that the Ä¢¹½ÊÓƵDT erred in finding that it had been established by clear and convincing evidence that he had committed misconduct by instructing a Ä¢¹½ÊÓƵDP staff member to forge a backdated Memorandum of Understanding between the Ethiopian Ministry of Agriculture and the private firm Digata and to make a misrepresentation in a second document, intentionally acting to avoid or deviate from Ä¢¹½ÊÓƵDP¡¯s Financial Regulations, Rules and Procedures through the creation of these documents, and demonstrating favouritism in the award of a...

Mr. Moulana appealed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵATnoted that the Ä¢¹½ÊÓƵDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the Ä¢¹½ÊÓƵDT found he failed to provide. Therefore...