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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s decision that the 60 days¡¯ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. Ä¢¹½ÊÓƵAT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...

Ä¢¹½ÊÓƵAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. Ä¢¹½ÊÓƵAT held that the procedural errors did not amount to an abuse of power. Ä¢¹½ÊÓƵAT held that absent an abuse of power, the compensation for moral damages had to be vacated. Ä¢¹½ÊÓƵAT granted the appeal, rejected the cross-appeal, and vacated the Ä¢¹½ÊÓƵRWA DT judgment in its entirety.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that Ä¢¹½ÊÓƵDT was unable to find any such evidence, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. Ä¢¹½ÊÓƵAT held that it was satisfied that Ä¢¹½ÊÓƵDT¡¯s...

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 considered the appeal by the Secretary-General challenging the amount of the award of compensation for moral damages. Ä¢¹½ÊÓƵAT held that the award of moral damages was supported by the evidence before Ä¢¹½ÊÓƵDT and that the amount was not excessive based on that evidence. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s argument that the award in the present case should be compared with awards in similar non-renewal cases. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not committed any error in its assessment of the award of moral damages and that the Secretary-General had not established any ground which would justify Ä¢¹½ÊÓƵAT¡¯s...

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...

The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by Ä¢¹½ÊÓƵDT for moral damages. The Appellant also contested the failure Ä¢¹½ÊÓƵDT¡¯s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT decided that Article 10(5)(a) of the Ä¢¹½ÊÓƵDT Statute, which corresponds to Article 9 (1)(a) of the Ä¢¹½ÊÓƵAT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member¡¯s contract in a non-renewal case. Ä¢¹½ÊÓƵAT, therefore, held that the Appellant¡¯s...

Ä¢¹½ÊÓƵAT considered the content of the Appellant¡¯s appeal, the Ä¢¹½ÊÓƵRWA DT judgment, and the Appellant¡¯s request for compensation for material and moral damages and costs. Ä¢¹½ÊÓƵAT found that the Appellant¡¯s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. Ä¢¹½ÊÓƵAT also held that there was no error in the Ä¢¹½ÊÓƵRWA DT¡¯s findings that the Administration¡¯s decision not to confirm the Appellant¡¯s appointment was solely based on his performance and that his allegations of harassment and discrimination...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT found no error of law in Ä¢¹½ÊÓƵRWA DT¡¯s decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. Ä¢¹½ÊÓƵAT held that, by applying objective criteria in the reduction of the staffing levels, Ä¢¹½ÊÓƵRWA adhered to the principles of equality...