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The Tribunal DECIDES to dismiss the application in its entirety.

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the Ä¢¹½ÊÓƵDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...

The Ä¢¹½ÊÓƵAT held that the staff member had had ample opportunity to comment on her lateral transfer. The Ä¢¹½ÊÓƵAT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.

The Ä¢¹½ÊÓƵAT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member¡¯s competence, skills, and experience. The Ä¢¹½ÊÓƵAT found...

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...

As a preliminary matter, the Ä¢¹½ÊÓƵAT held that the fact that the Ä¢¹½ÊÓƵDT might have repeated some or most of the Respondent¡¯s arguments and language in its judgment would not be sufficient to undermine the Ä¢¹½ÊÓƵDT¡¯s considerations or determinations.

Regarding the scope of the appeal, the Ä¢¹½ÊÓƵAT held that since the remedy claimed in the appeal does not aim for the rescission of the reassignment, but the placement into a P-5 or D-1 post commensurate with the Appellant¡¯s skills, training, qualifications, and experience for which she has applied and which was not the subject of her initial application, the...

Ä¢¹½ÊÓƵAT considered an appeal by Ms. Banaj against Judgment No. Ä¢¹½ÊÓƵDT/2021/030.

Ä¢¹½ÊÓƵAT held that a reallocation of duties pending the outcome of an investigation as occurred in Ms. Banaj¡¯s case is permissible as an interim measure in such circumstances, but not as the exercise of the general power of assignments available to the Secretary-General in Staff Regulation 1.2(c) [¡­] But, under Staff Rule 10.4 and the Framework relating to interim measures pending an investigation and disciplinary process, there is an alternative measure of reallocation of duties available in such cases where the...

Ms. Mkhabela appealed.

As regards receivability ratione temporis, the Ä¢¹½ÊÓƵAT held that the RC could not be seen as having lawfully extended the time limits to file a management evaluation request. Apart from the fact that there is no evidence of such a promise, the truth is that the RC did not have such authority, which is only bestowed upon the Secretary-General, as prescribed by Staff Rule 11.2(c). Likewise, Ms. Mkhabela¡¯s claim that she was not apprised of the reasons or decision to deviate from the Transition Plan is without merit, as she is not entitled to be made aware of reasons behind...

The Respondent shall pay to the Applicant damages equivalent to three months¡¯ net base salary at the P-3 level. The compensation shall bear interest at the United States of America prime rate with effect from the date this Judgment becomes executable until payment of said compensation. An additional five per cent shall be applied to the United States of America prime rate 60 days from the date the Judgment becomes executable.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly pointed out that the only remedy requested by the staff member in his application to the Ä¢¹½ÊÓƵDT was the rescission of the administrative decision not to transfer him. Only now on appeal does the staff member raise other claims and additionally requests payment of all salaries and benefits from the date of termination to the date of the Ä¢¹½ÊÓƵAT Judgment, including pension benefits and compensation for the material and moral harm inflicted on him, caused by harassment, mistreatment, and unlawful termination. His new requests on appeal cannot be accepted by the...

The application is partly non-receivable and, is rejected on the merits. The Applicant¡¯s objection to General Assembly¡¯s decision to restructure the D-1 level position and to submit the selection of the Secretary of the Board to a competitive process by the Succession Planning Committee is not reviewable by the Tribunal. The Tribunal found that the Applicant was afforded full and fair consideration and the non-selection decision was lawful. The Tribunal found that the USG/DMSPC lawfully assigned the Applicant to a suitable position in the Secretariat in order to retain his employment at the D...