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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that, at the time Ä¢¹½ÊÓƵICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the staff member¡¯s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration¡¯s decision to reverse the decision was untimely and ineffective. Ä¢¹½ÊÓƵAT held that there was no reason to reverse Ä¢¹½ÊÓƵDT¡¯s finding that the staff member had been deprived of a...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in excluding documents from the OSF and by ordering compensation for alleged damages not related to any established illegality. Ä¢¹½ÊÓƵAT held that, even if the irregularities and delays in the appraisal procedure were so serious that they rendered the ¡­ evaluations meaningless, it did not mean that they should not be kept in the OSF. Ä¢¹½ÊÓƵAT held that they, together with the corrective substitute reports or decisions, should all be kept in order to explain the whole process. Ä¢¹½ÊÓƵAT, therefore, held that Ä¢¹½ÊÓƵDT had erred in...

Ä¢¹½ÊÓƵAT had before it the Secretary-General¡¯s appeal against judgment Nos. Ä¢¹½ÊÓƵDT/2013/004 (judgment on receivability) and Ä¢¹½ÊÓƵDT/2013/128 (judgment on the merits). Ä¢¹½ÊÓƵAT held that there was no reason to upset the Ä¢¹½ÊÓƵDT¡¯s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. Ä¢¹½ÊÓƵAT held, affirming Ä¢¹½ÊÓƵDT¡¯s finding, that the Applicant¡¯s application was receivable by Ä¢¹½ÊÓƵDT. Noting that the Applicant commenced employment with Ä¢¹½ÊÓƵICEF less than three months after her separation and with no reduction in level or step from her previous role, Ä¢¹½ÊÓƵAT...

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...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in concluding that the decision not to renew the Appellant¡¯s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. Ä¢¹½ÊÓƵAT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. Ä¢¹½ÊÓƵAT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT erred in law or fact resulting in a manifestly unreasonable decision when it found that i) there was no error of procedure stemming from the delay in completing the comments on the Appellant¡¯s rebuttal statement; and ii) the Appellant¡¯s claim regarding the assessment and findings of the rebuttal panel together with her final performance appraisal did not result in a challengeable administrative decision. Ä¢¹½ÊÓƵAT found that, because no explanation was provided for the initial and relevant delay, Ä¢¹½ÊÓƵDT erred in concluding that the reasons given by the administration...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined Mr. Hossain¡¯s request for an in-person hearing and held that Mr. Hossain did not explain, at least sufficiently, why his appeal should be dealt with other than on papers filed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law by rejecting Mr. Hossain¡¯s proceedings other than on their merits and for threshold jurisdictional reasons that it was empowered to examine and assist to establish. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT, while perhaps disposing of the case in an expeditious way, did not do so fairly, or certainly justly, as between the parties. Ä¢¹½ÊÓƵAT admitted on appeal the...

The decision not to renew the Applicant¡¯s contract was prima facie unlawful because it appeared to be in breach of the Organization¡¯s Rules and in breach of international legal norms relating to due process. On the question of urgency, the Applicant had been informed that his contract would be terminated on 3 September 2009. Notwithstanding that it had allegedly been agreed that the contract would be extended after 3 September 2009, the matter was still urgent because this was not the first time that this particular strategy had been used by the Respondent towards the Applicant. Having...

Outcome: The Tribunal found that the Secretary-General acted properly within his broad discretion in deciding to take no action in relation to the Applicant¡¯s appeal against the non-renewal of his fixed-term appointment, and the appeal was dismissed.

Receivability of moot claims: Even before the Applicant submitted his application to the Tribunal, the Administration had extended the Applicant¡¯s contract beyond 30 April 2010 and it had informed him that his contract would be extended until the completion of his rebuttal. Accordingly, the application insofar as it concerns the decision to renew the Applicant¡¯s contract until 30 April 2010 was moot as at the date on which it was submitted to the Tribunal and it is therefore not receivable. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad...