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The Ä¢¹½ÊÓƵAT held that there was no merit to the staff member¡¯s motion to strike from the record the Secretary-General¡¯s response to a Ä¢¹½ÊÓƵAT order requesting information. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...

The Ä¢¹½ÊÓƵAT dismissed the interlocutory appeal as not receivable on grounds that the Ä¢¹½ÊÓƵDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The Ä¢¹½ÊÓƵAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier Ä¢¹½ÊÓƵAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The Ä¢¹½ÊÓƵAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

Mr. Mousa appealed. As regards Mr. Mousa¡¯s request for an oral hearing, the Ä¢¹½ÊÓƵAT held that he did not provide a compelling reason why an oral hearing should be granted in this appeal. As the case deals with the issue of receivability ratione materiae, an oral hearing is not necessary and would not ¡°assist in the expeditious and fair disposal of the case¡± within the meaning of Article 18(1) of the Ä¢¹½ÊÓƵAT¡¯s Rules of Procedure. The Ä¢¹½ÊÓƵAT also found that Mr. Mousa¡¯s appeal did not refer to any of the grounds of appeal mentioned in Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. The only submission regarding the...

Mr. Younis appealed. The Ä¢¹½ÊÓƵAT found that after perusing the PHP submitted by Mr. Younis, the Ä¢¹½ÊÓƵDT had held that the suitability review was correct. The PHP confirmed the Administration¡¯s assessment of Mr. Younis¡¯ work experience. The total number of years of his experience for the two criteria had been properly arrived at by first determining if the nature of his work experience fulfilled the relevant criteria and then the number of years for which he had served in relevant roles was computed for both criteria. The Ä¢¹½ÊÓƵAT held that even if Mr. Younis was given the benefit of the doubt on the...

As regards the request for an oral hearing, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing. The Ä¢¹½ÊÓƵRWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT and upheld...

Ä¢¹½ÊÓƵAT dismissed the appeal. As a preliminary matter, Ä¢¹½ÊÓƵAT denied AAB's request for an oral hearing on grounds that there was no need for further clarification since the factual and legal issues arising from the appeal had already been clearly defined by the parties, and an oral hearing would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT dismissed AAB's claim that her right to a fair trial before the Ä¢¹½ÊÓƵDT had been violated because, since the application was found not to be receivable, and she was denied the opportunity to file a rejoinder. Ä¢¹½ÊÓƵAT noted that there is no...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Zaqqout. As regards an oral hearing, Ä¢¹½ÊÓƵAT found that since the application was dismissed on grounds of receivability, Mr. Zaqqout¡¯s arguments were not persuasive enough so as to justify an oral hearing at this stage. Some of the issues raised in the appeal were connected to the merits of Mr. Zaqqout¡¯s application and did not meet the threshold of the receivability assessment. Since Mr. Zaqqout was made aware at the very early stage of the proceedings of the Ä¢¹½ÊÓƵRWA¡¯s allegation that he had been notified of the impugned decision on 30 December 2018, he should have...

Mr. Zeid appealed. As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed Mr. Zeid's request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties; and that an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly found that there was no evidence of a request for decision review, that the e-mail exchanges whereby Mr. Zeid had made inquiries regarding the reasons for the contested decision were not a request for decision review, but rather were informal attempts to...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in failing to consider adequately the Appellant¡¯s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the Ä¢¹½ÊÓƵDT hearing, which included the opportunity to call evidence and to challenge the Administration¡¯s evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

Ä¢¹½ÊÓƵAT concurred with Ä¢¹½ÊÓƵDT that the case was time-barred and not receivable. Ä¢¹½ÊÓƵAT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to Ä¢¹½ÊÓƵDT and raised it for the first time before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that, while Article 2. 5 of the Ä¢¹½ÊÓƵAT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.