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Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT did not find that the Applicant was distressed by Ä¢¹½ÊÓƵHCR¡¯s illegal conduct or that he had suffered any adverse consequences or harm from Ä¢¹½ÊÓƵHCR¡¯s procedural error in following the opinion of DSS. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. Ä¢¹½ÊÓƵAT upheld the appeal and reversed the Ä¢¹½ÊÓƵDT judgment regarding the award of damages to the staff member.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. The Secretary-General asserted that Ä¢¹½ÊÓƵDT erred in determining the amount of compensation to be awarded to Mr Kozlov and Mr Romadanov for the irregularity in the proceedings. Relying on Kasyanov (2010-Ä¢¹½ÊÓƵAT-076) and Wu (2010-Ä¢¹½ÊÓƵAT-042), Ä¢¹½ÊÓƵAT noted that it previously awarded compensation in the amount of two months¡¯ net base salary where the decision not to appoint the applicants was procedurally flawed. Ä¢¹½ÊÓƵAT found no reason to depart from this jurisprudence as no pecuniary loss was shown on part of Mr Kozlov and Mr Romadanov. Ä¢¹½ÊÓƵAT also noted...

Ä¢¹½ÊÓƵAT considered Ms Simmons¡¯ appeal and the Secretary-General¡¯s cross-appeal. With respect to Ms Simmons¡¯ claim that Ä¢¹½ÊÓƵDT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT placed undue weight on Ms Simmons¡¯ omissions and/or actions. Ä¢¹½ÊÓƵAT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons¡¯ claim that she did not receive full and fair consideration regarding Post 1, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not...

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...

The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, Ä¢¹½ÊÓƵAT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, Ä¢¹½ÊÓƵAT noted that not every violation of due process will necessarily lead to an award of compensation...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held, in agreement with the Secretary-General, agreed that there were no grounds to award compensation. Ä¢¹½ÊÓƵAT noted that there was no administrative decision being contested in this case, as both parties accepted the decision to promote Ms Kamal and she had not identified any illegality that could lead to an award of compensation. Ä¢¹½ÊÓƵAT found that the delay in completing the selection process could not be considered a valid ground for compensation, since the circumstances of the case did not show any negligence or violation of specific...

Ä¢¹½ÊÓƵAT held that there was no valid claim of unfair treatment and discrimination by the Appellant against the former Chief of ATS and Ä¢¹½ÊÓƵDT therefore correctly limited its consideration to the interview process. Ä¢¹½ÊÓƵAT held that the Appellant was merely repeating arguments that were adequately considered by Ä¢¹½ÊÓƵDT and that there were no reasons to reverse Ä¢¹½ÊÓƵDT¡¯s judgment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

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...

Ä¢¹½ÊÓƵAT held that the Appellant had not established any error in fact or law emerging from the impugned judgment. Ä¢¹½ÊÓƵAT noted that the Appellant did not challenge the competitive procedure¡¯s final administrative act since he only began to contest the Administration¡¯s actions when the selected candidate was laterally moved, and another rostered candidate was appointed as a replacement. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s rights as a staff member were linked to the administrative decision that completed the selection procedure and that, as such, any breach of his rights could only be caused by that...