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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. Ä¢¹½ÊÓƵAT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion that the application was receivable was without legal basis as was its award of compensation. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it found the decision to deny Mr Nartey¡¯s request to grant him a lien on his post was an abuse of authority. Ä¢¹½ÊÓƵAT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it concluded that the impugned decision was retaliatory. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT...

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 an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no reason to reverse the finding of Ä¢¹½ÊÓƵDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. Ä¢¹½ÊÓƵAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT further rejected the staff member¡¯s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erroneously substituted itself for the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General challenging the compensation for moral damages. Ä¢¹½ÊÓƵAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. Ä¢¹½ÊÓƵAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the appeal was, therefore, moot. Ä¢¹½ÊÓƵAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. Ä¢¹½ÊÓƵAT held that although the Secretary-General¡¯s appeal had no merit, it...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to contesting the award by Ä¢¹½ÊÓƵDT of three months¡¯ net base salary as compensation for damage to Ms Haroun¡¯s career prospects. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun¡¯s separation from service. Ä¢¹½ÊÓƵAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erroneously awarded the Appellant moral damages because she did not produce any corroborating evidence to support the contention that harm had occurred. However, Ä¢¹½ÊÓƵAT held that the award for moral damages would stand since the Secretary-General had not appealed the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that there is no corroborating evidence to support the Appellant¡¯s claim for damages to ¡°restore her professional, physical and emotional suffering¡± and for ¡°irregularities and ignorance. ¡± The appeal could not succeed on those claims. Ä¢¹½ÊÓƵAT also held that a referral for accountability is...

Ä¢¹½ÊÓƵAT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s finding that Ms. Koduru¡¯s testimony was not compelling enough to serve as a basis for an award of moral damages. Ä¢¹½ÊÓƵAT rejected Ms. Koduru¡¯s request for costs. Ä¢¹½ÊÓƵDT dismissed the appeal and the cross-appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Accountability referral: The Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the reason upon which Ä¢¹½ÊÓƵDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. Ä¢¹½ÊÓƵAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by Ä¢¹½ÊÓƵDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...