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The Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal and granted Mr. Rolli¡¯s cross-appeal in part. The Ä¢¹½ÊÓƵAT found that the rescission of the termination decision ordered by the Ä¢¹½ÊÓƵDT was ¡°pointless¡± since by the time the case had reached the Ä¢¹½ÊÓƵDT, Mr. Rolli¡¯s post had been abolished. The Ä¢¹½ÊÓƵAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.¡¯s complaint], had failed to consider whether the limits of the managerial discretion were respected. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s argument that Ä¢¹½ÊÓƵDT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General¡¯s sole and exclusive authority in disciplinary matters. Ä¢¹½ÊÓƵAT observed that when Ä¢¹½ÊÓƵDT rescinded the decision based on the investigatory Panel¡¯s report, it did not draw any...

In considering the appeal brought forth by the Appellant, Ä¢¹½ÊÓƵAT preliminarily held that the Ä¢¹½ÊÓƵRWA JAB erred in finding that the appeal was not receivable due to late filing; Ä¢¹½ÊÓƵAT held that it was evident the JAB appeal was filed on time. With regard to the substance of the appeal, Ä¢¹½ÊÓƵAT held that it was within Ä¢¹½ÊÓƵRWA¡¯s power and discretion to refuse the Appellant¡¯s reinstatement since it had already filled his position. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵRWA¡¯s position that there was no error in refusing the Appellant¡¯s reinstatement and dismissed the appeal.

Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant¡¯s termination, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA JAB¡¯s decision was legal, rational, and procedurally proper. Ä¢¹½ÊÓƵAT held that it was an exceptional case where the doctrine of proportionality should be invoked. Ä¢¹½ÊÓƵAT held that the decision to terminate the Appellant¡¯s services was disproportionate, more drastic than necessary. Ä¢¹½ÊÓƵAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and found that Ä¢¹½ÊÓƵDT erred when it decided to give Ä¢¹½ÊÓƵHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. Ä¢¹½ÊÓƵAT noted that Article 10. 5(a) of the Ä¢¹½ÊÓƵDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). Ä¢¹½ÊÓƵAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly determined that the issue before it was the failure of the Administration to address the Appellant¡¯s formal complaint. Ä¢¹½ÊÓƵAT held that there was no error of law or failure to exercise jurisdiction on the part of Ä¢¹½ÊÓƵDT with regard to the Appellant¡¯s request for an investigation. Ä¢¹½ÊÓƵAT held that it was satisfied that the award by Ä¢¹½ÊÓƵDT of USD 40,000 constituted sufficient satisfaction for the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly refused to entertain the request for compensation for economic loss because the Appellant¡¯s separation from service was not the subject of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s submissions were valid in most aspects. Ä¢¹½ÊÓƵAT held that the award of 21 months¡¯ compensation was excessive as it was not reasonable to assume that Ms Belkhabbaz¡¯s fixed-term appointment would have been extended for longer than one year, finding that an award of 12 months¡¯ remuneration would be adequate compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence and erred in law by awarding pecuniary damages relating to Applicant¡¯s placement on sick leave with half pay. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by awarding...