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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s approach in considering the Appellant¡¯s prospects of success was entirely reasonable in the particular circumstances of the case. Ä¢¹½ÊÓƵAT held that it was not the function of Ä¢¹½ÊÓƵDT or Ä¢¹½ÊÓƵAT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. Ä¢¹½ÊÓƵAT recalled that the jurisdiction vested in Ä¢¹½ÊÓƵDT is to review alleged procedural deficiencies and to rectify any which are...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant¡¯s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵDT made any errors of...

Ä¢¹½ÊÓƵAT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the Ä¢¹½ÊÓƵ, through Ä¢¹½ÊÓƵAMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by Ä¢¹½ÊÓƵAMID during the term of the Loan Agreement. Ä¢¹½ÊÓƵAT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. Ä¢¹½ÊÓƵAT held that, without access to the administration of justice system within the Ä¢¹½ÊÓƵ, the Appellant would have no right to an effective remedy from the competent tribunal in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to Case 2. Ä¢¹½ÊÓƵAT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed...

Regarding the lateral moves, Ä¢¹½ÊÓƵAT held that the fact, that the selected candidate¡¯s lateral moves were not recorded in the requisite database, was not dispositive of the issue, nor did the definition of ¡°lateral move¡± in ST/AI/2006/3/Rev. 1 included such a requirement. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s decision on this point was based on the evidence that clearly established that the selected candidate¡¯s lateral moves satisfied the requirements of ST/AI/2006/3/Rev. 1. Regarding the work experience, Ä¢¹½ÊÓƵAT held that the evidence before Ä¢¹½ÊÓƵDT supported its finding that the selected candidate had at least 10...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. Ä¢¹½ÊÓƵAT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. Ä¢¹½ÊÓƵAT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that ¡°consideration¡± of a candidate for the purposes of ST/AI/2006/3 did not necessarily mean that a candidate can only be meaningfully considered once the relevant assessment tools have been administered to the candidates and the outcome communicated to them. Ä¢¹½ÊÓƵAT held that the fact that the Administration invited the 30-day mark candidates to undertake a written test before the assessment of the 15-day mark candidates was completed did not mean that the Appellant was not afforded priority consideration. Ä¢¹½ÊÓƵAT noted that the written test had taken...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s approach, in determining the amount of compensation to be awarded to the Appellant, was reasonable. Ä¢¹½ÊÓƵAT relied on its holding in Hastings (2011-Ä¢¹½ÊÓƵAT-109), where it held that the trial court is in a much better position than Ä¢¹½ÊÓƵAT in assessing the probabilities of a candidate being selected for a position. Ä¢¹½ÊÓƵAT also found that Ä¢¹½ÊÓƵDT correctly concluded that the Appellant should not be awarded any additional compensation beyond the amount already paid to her. Ä¢¹½ÊÓƵAT further dismissed the Appellant¡¯s request to award costs against the Secretary-General, noting that there were...

Ä¢¹½ÊÓƵAT considered appeals from both the Secretary-General and M Akyeampong on the issue of whether Ms Akyeampong could be denied a promotion on account of the two reprimands. Ä¢¹½ÊÓƵAT held that the two reprimands had not been an obstacle to Ms Akyeampong filling a D-1 position or being recommended for a promotion. Moreover, Ä¢¹½ÊÓƵAT held that the presence of the two reprimands had not debarred her from being promoted during the 2009 annual promotion session. Ä¢¹½ÊÓƵAT allowed Ms Akyeampong¡¯s appeal in part, rescinded the impugned decision and dismissed the Secretary-General¡¯s appeal, with Judge Weinberg de...

On the Appellant¡¯s claims of discriminatory and arbitrary practices, Ä¢¹½ÊÓƵAT did not find that Ä¢¹½ÊÓƵDT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and Ä¢¹½ÊÓƵDT¡¯s findings demonstrated that it took cognisance of all relevant information. Ä¢¹½ÊÓƵAT held that there was no error by Ä¢¹½ÊÓƵDT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...