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Ä¢¹½ÊÓƵAT held that it was disingenuous for Ä¢¹½ÊÓƵRWA to suggest that the Appellant¡¯s transfer application was considered in the same manner as the two candidates who were selected from the roster. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant¡¯s due process entitlements. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law in relying on the authority of the Director of Ä¢¹½ÊÓƵRWA Affairs, Lebanon, to reject the Appellant¡¯s application for assignment. Ä¢¹½ÊÓƵAT did not uphold the contention that the Appellant had a legitimate...

Ä¢¹½ÊÓƵAT held that the allegations of irregularity raised by the Appellant were supported by evidence. Ä¢¹½ÊÓƵAT noted that it was hard to comprehend how the Appellant¡¯s post suddenly became redundant when at the same time around 75 per cent of its functions were to be transferred to a consultant. Ä¢¹½ÊÓƵAT further noted that even though the new organisational structure was not approved until September 2013, as early as June 2013, the abolition of the Appellant¡¯s post had already been decided and was communicated to him by his supervisor, against whom the Appellant filed a complaint of abuse of power. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and fact in ordering the refund of the recovery of the overpayments for two months. Ä¢¹½ÊÓƵAT held that Ms Ten Have was aware of the overpayment in April 2013 and therefore, the general rule of Section 3. 1 of ST/AI//2009/1 was applicable and the recovery of the two months overpayments was not excessive since the limit of two years could not be applied due to the staff member¡¯s awareness of the overpayments as of April 2013, regardless of her previous ignorance or bona fide. Ä¢¹½ÊÓƵAT also held that as no request for...

Ä¢¹½ÊÓƵAT considered an appeal by the Appellant of judgment No. Ä¢¹½ÊÓƵRWA/DT/2015/003. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member¡¯s claim and rights, solving the previous irregularity. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

Ä¢¹½ÊÓƵAT had before it an appeal of judgment No. Ä¢¹½ÊÓƵDT/2015/006. As a preliminary matter, Ä¢¹½ÊÓƵAT considered a motion to seek to leave to postpone consideration of the Appellant¡¯s appeal due to lack of legal representation. Ä¢¹½ÊÓƵAT agreed with the Secretary-General¡¯s claim that the Motion filed by the Appellant was an additional supplemental pleading addressing the merits of his claims. Ä¢¹½ÊÓƵAT held that the Appellant had not shown exceptional circumstances justifying the filing of an additional pleading or good cause to postpone consideration of his appeal and his request was denied. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered appeals of both judgment Nos. Ä¢¹½ÊÓƵRWA/DT/2014/026 (judgment on the merits) and Ä¢¹½ÊÓƵRWA/DT/2014/051 (judgment on revision). Ä¢¹½ÊÓƵAT held that the appeal against the judgment on the merits was filed out of time and was not receivable. Ä¢¹½ÊÓƵAT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held that the appeal constituted an impermissible attempt to reargue the merits of the case. Ä¢¹½ÊÓƵAT held that the fact upon which the Appellant had based his revision application did...

The Appellant did not raise any challenges as to the merits of the Ä¢¹½ÊÓƵRWA DT judgment, but rather his appeal related to the procedure adopted by Ä¢¹½ÊÓƵRWA DT in hearing his complaint. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵRWA DT erred in procedure or otherwise exceeded its jurisdiction in the exercise of its power, such as to warrant reversal of the judgment. Noting that two Orders clarified the aim of the hearing, Ä¢¹½ÊÓƵAT held that there was no prejudice caused to the Appellant by the failure to provide him with a description of the relevance of the witnesses¡¯ testimony. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Survo and an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in the procedure, including in its findings regarding receivability. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in law in relation to the matters raised by Mr Survo. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred on a question of fact such as to render the decision of Ä¢¹½ÊÓƵDT manifestly unreasonable. On the Secretary-General¡¯s appeal of the Special Post Allowance (SPA) issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵAT had no primary legal or factual basis from which it could conclude that Mr Survo had properly sought management...

Ä¢¹½ÊÓƵAT noted that, despite its Registry¡¯s request for the Appellant to file an appeal brief, the Appellant failed to do so. Ä¢¹½ÊÓƵAT noted that the Appellant was given the opportunity to improve his performance through the further extension of his appointment for an additional six months, but his performance had still not improved. Ä¢¹½ÊÓƵAT held that there was no error in the conclusion of Ä¢¹½ÊÓƵRWA DT that both the initial decision to extend the Appellant¡¯s probationary period and the subsequent decision not to confirm his appointment were in compliance with his letter of appointment and Ä¢¹½ÊÓƵRWA¡¯s regulatory...

Ä¢¹½ÊÓƵAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. Ä¢¹½ÊÓƵAT held that the procedural errors did not amount to an abuse of power. Ä¢¹½ÊÓƵAT held that absent an abuse of power, the compensation for moral damages had to be vacated. Ä¢¹½ÊÓƵAT granted the appeal, rejected the cross-appeal, and vacated the Ä¢¹½ÊÓƵRWA DT judgment in its entirety.