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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 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.

Ä¢¹½ÊÓƵAT had before it the Secretary-General¡¯s appeal against judgment Nos. Ä¢¹½ÊÓƵDT/2013/004 (judgment on receivability) and Ä¢¹½ÊÓƵDT/2013/128 (judgment on the merits). Ä¢¹½ÊÓƵAT held that there was no reason to upset the Ä¢¹½ÊÓƵDT¡¯s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. Ä¢¹½ÊÓƵAT held, affirming Ä¢¹½ÊÓƵDT¡¯s finding, that the Applicant¡¯s application was receivable by Ä¢¹½ÊÓƵDT. Noting that the Applicant commenced employment with Ä¢¹½ÊÓƵICEF less than three months after her separation and with no reduction in level or step from her previous role, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT accepted the Secretary-General¡¯s position that Ä¢¹½ÊÓƵMIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the Ä¢¹½ÊÓƵMIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. Ä¢¹½ÊÓƵAT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. Ä¢¹½ÊÓƵAT held that the change in the composition of the...

Ä¢¹½ÊÓƵAT had before it an appeal by the staff member limited to the award of compensation. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. Ä¢¹½ÊÓƵAT held that there was no error in this regard. Ä¢¹½ÊÓƵAT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, Ä¢¹½ÊÓƵRWA DT was conscious of the Appellant¡¯s claims for loss of opportunity. Ä¢¹½ÊÓƵAT held that, in view of...

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the staff member¡¯s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the Ä¢¹½ÊÓƵDT Statute and Staff Rule 11.2(a). Ä¢¹½ÊÓƵAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...

On the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT erred in failing to hold an oral hearing, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. Ä¢¹½ÊÓƵAT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his Ä¢¹½ÊÓƵDT application, and by corollary should then have removed the written reprimand and all reference to it...

Ä¢¹½ÊÓƵAT considered the motion for execution of judgment No. 2013-Ä¢¹½ÊÓƵAT-359. Ä¢¹½ÊÓƵAT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, Ä¢¹½ÊÓƵAT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. Ä¢¹½ÊÓƵAT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that Ä¢¹½ÊÓƵDT was unable to find any such evidence, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. Ä¢¹½ÊÓƵAT held that it was satisfied that Ä¢¹½ÊÓƵDT¡¯s...