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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.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it concluded that the Administration¡¯s decision was unlawful and that the sanction imposed was disproportionate to the nature and gravity of the behaviour triggering it. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it ordered rescission of the sanction and compensation in lieu thereof and substituted the sanction imposed for a lesser one. Ä¢¹½ÊÓƵAT held that the Secretary-General had broad discretion to determine whether the assault amounted to serious misconduct and to determine the appropriate disciplinary measure. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the central question before it was whether the Organisation complied with its obligation to Ms. El-Kholy to find her a suitable post. Ä¢¹½ÊÓƵAT held that the Administration failed in its obligation to demonstrate that all reasonable and good faith efforts had been made to consider the staff member for available and suitable posts within Ä¢¹½ÊÓƵDP before terminating her permanent appointment. Ä¢¹½ÊÓƵAT held that the Administration¡¯s obligation to find a vacant and suitable post did not shift to the Appellant, regardless of the following: her...

Ä¢¹½ÊÓƵAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. Ä¢¹½ÊÓƵAT held that the Commissioner-General¡¯s cross-appeal was receivable. Ä¢¹½ÊÓƵAT agreed with the findings of Ä¢¹½ÊÓƵRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. Ä¢¹½ÊÓƵAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith¡¯s request for management evaluation and the MEU¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held the Ä¢¹½ÊÓƵDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. Ä¢¹½ÊÓƵAT held that there was no merit to the complaint that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and comprehend the application and that Ä¢¹½ÊÓƵDT had the inherent power to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held the Ä¢¹½ÊÓƵDT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. Ä¢¹½ÊÓƵAT held that there was no merit to the complaint that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah¡¯s request for management evaluation and the Management Evaluation Unit¡¯s response, on the basis that it was the role of Ä¢¹½ÊÓƵDT to adequately interpret and comprehend the application and that Ä¢¹½ÊÓƵDT had the inherent power to...