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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. Ä¢¹½ÊÓƵAT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. Ä¢¹½ÊÓƵAT held that Mr Hajdari never challenged his separation from service from Ä¢¹½ÊÓƵMIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. Ä¢¹½ÊÓƵAT held that Mr Hajdari¡¯s...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT affirmed, albeit on different grounds, the Ä¢¹½ÊÓƵDT award of compensation to Mr Pirraku. Ä¢¹½ÊÓƵAT observed that the issues surrounding Mr Pirraku¡¯s non-promotion should not have been presented to, or addressed by, Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the issues regarding Mr Pirraku¡¯s non-promotion were the subject of a settlement and release agreement reached through mediation and, as such, were not subject to judicial review. Ä¢¹½ÊÓƵAT held that the issue for Ä¢¹½ÊÓƵDT¡¯s determination was the execution of the settlement agreement. Ä¢¹½ÊÓƵAT held that the issues of...

Noting that that the crux of the Appellant¡¯s appeal was that Ä¢¹½ÊÓƵDT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, Ä¢¹½ÊÓƵAT held there was merit to the appeal. Ä¢¹½ÊÓƵAT held that there was no evidence that the Appellant¡¯s claim for moral damages was properly considered by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that on the totality of the evidence, the Appellant had a claim for moral damages. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s finding that the recruitment process was flawed in that it was affected by the perception of bias. Ä¢¹½ÊÓƵAT granted the appeal in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the question of whether Ä¢¹½ÊÓƵDT erred in finding that the five years¡¯ experience requirement was arbitrary and not based on any proper consideration, Ä¢¹½ÊÓƵAT held that, absent any proper legal or factual basis upon which to impugn the five years¡¯ experience requirement, Ä¢¹½ÊÓƵDT had no function in substituting its judgment for that of the Administration in determining the criteria for the selection of S-3 officers, and in doing so, Ä¢¹½ÊÓƵDT erred in law resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in deeming the...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that Ä¢¹½ÊÓƵDT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of Ä¢¹½ÊÓƵDT to determine admissibility and weighing of evidence, Ä¢¹½ÊÓƵAT held that there was no merit in the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and fact when it failed to draw the necessary inference from...

On the basis that the Appellant did not raise claims under the Ä¢¹½ÊÓƵAT Statute, reargued the claims he presented to Ä¢¹½ÊÓƵDT and failed to explain how Ä¢¹½ÊÓƵDT erred in deciding his claims, Ä¢¹½ÊÓƵAT dismissed the appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of law or fact in denying the Appellant¡¯s application and concluding that the selection process was correctly followed, the candidate was fully and fairly considered and there was no bias or procedural flaw. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly refused to address the Appellant¡¯s various claims of harassment on the ground that he failed to establish proof...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. With respect to the application of Section 1. 8(d) of ST/AI/1999/9 to Ms Xie, Ä¢¹½ÊÓƵAT clarified that the requirement, that the Hiring Manager must submit a written analysis indicating how the qualifications and experience of the recommended candidate are ¡°clearly¡± superior to those of female candidates who were not recommended, refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, Ä¢¹½ÊÓƵAT held that the Appellant failed to establish that Ä¢¹½ÊÓƵDT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. Ä¢¹½ÊÓƵAT held that his requests for relief were denied, noting that where an irregularity has no...

Ä¢¹½ÊÓƵAT upheld the Secretary-General¡¯s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant¡¯s candidature full and fair consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly applied the standard of judicial review to determine whether the Hiring Manager¡¯s decision that the Appellant was not among the most qualified for the post was reasonable. Ä¢¹½ÊÓƵAT held there was no reason to reverse the findings of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT noted that the Appellant merely repeated the arguments he made before Ä¢¹½ÊÓƵDT and expressed his disagreement with the findings of the Hiring Manager. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke¡¯s rights. Ä¢¹½ÊÓƵAT held that no illegality occurred and that the appointment was entirely within the Administration¡¯s discretion, which was not abusive. Ä¢¹½ÊÓƵAT allowed the Secretary-General¡¯s appeal, vacated the Ä¢¹½ÊÓƵDT judgment and dismissed Mr Nwuke¡¯s cross-appeal.