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Ä¢¹½ÊÓƵAT considered both of the Appellant¡¯s cases in their judgment. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵRWA DT erred in deciding that the decision to close the cases arising from the Appellant¡¯s complaints was lawful. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT¡¯s decision was justified based on careful consideration of the Appellant¡¯s arguments and evidence gathered during the investigation. However, Ä¢¹½ÊÓƵAT held that the characterization of the decision to terminate the Appellant¡¯s fixed-term appointment as a disciplinary measure tainted the process to such a significant degree that it rendered the decision...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT properly dismissed the Appellant¡¯s claims in relation to the non-renewal of his appointment and his reassignment as not receivable as they were time-barred. On the cancellation of his administrative leave, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that there was no adverse decision affecting his conditions of employment. Ä¢¹½ÊÓƵAT held that the decision to terminate the administrative leave and not to pursue disciplinary action was not an administrative decision in that it did not have any adverse legal consequences or impact for the Appellant. Ä¢¹½ÊÓƵAT held that the decision to...

On the decision to postpone the separation on medical grounds, Ä¢¹½ÊÓƵAT noted that a staff member had a right to be compensated for a service-incurred injury. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT erred in law in determining the decision to postpone the Appellant¡¯s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), Ä¢¹½ÊÓƵAT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, Ä¢¹½ÊÓƵRWA DT...

Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, Ä¢¹½ÊÓƵAT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its findings that the Application was not receivable. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the case to Ä¢¹½ÊÓƵDT for consideration on the merits.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which was limited to the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission, which he claimed was excessive. Ä¢¹½ÊÓƵAT held that since the Secretary-General did not contest Ms Sarrouh¡¯s claim for compensation before Ä¢¹½ÊÓƵDT, he could not raise the issue on appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. Ä¢¹½ÊÓƵAT held that in the absence of any error of law or manifestly...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. Ä¢¹½ÊÓƵAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. Ä¢¹½ÊÓƵAT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵFCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. Ä¢¹½ÊÓƵAT found no fault in Ä¢¹½ÊÓƵDT¡¯s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. Ä¢¹½ÊÓƵAT held, agreeing with Ä¢¹½ÊÓƵDT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, Ä¢¹½ÊÓƵAT dismissed the cross-appeal. Ä¢¹½ÊÓƵAT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. Ä¢¹½ÊÓƵAT held that, apart from the direct link between the manipulation of the bottle of wine by...

Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT upheld the findings of Ä¢¹½ÊÓƵRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. Ä¢¹½ÊÓƵAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. Ä¢¹½ÊÓƵAT found no procedural irregularity or any error in law on the part of Ä¢¹½ÊÓƵRWA DT...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s finding. Ä¢¹½ÊÓƵAT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. Ä¢¹½ÊÓƵAT accepted the Ä¢¹½ÊÓƵRWA DT¡¯s finding that there was a genuine redundancy situation. Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.