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Ä¢¹½ÊÓƵAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and Ä¢¹½ÊÓƵAT, therefore, upheld the findings of Ä¢¹½ÊÓƵDT on this point. On compensation, Ä¢¹½ÊÓƵAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. Ä¢¹½ÊÓƵAT held that the Administration¡¯s offer of USD 1,000 was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT allowed the appeal on the grounds that Ä¢¹½ÊÓƵDT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. Ä¢¹½ÊÓƵAT held that it disagreed with Ä¢¹½ÊÓƵDT on the matter of receivability and that there was no administrative decision capable of being appealed before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make an error of law in concluding that the Appellant¡¯s application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that there was no implied administrative decision to challenge at the time the Appellant filed his judicial review application and that his application was also not receivable on that basis. Ä¢¹½ÊÓƵAT found no errors of fact or law by Ä¢¹½ÊÓƵDT in awarding costs against the Appellant. Ä¢¹½ÊÓƵAT held that the Appellant was well-aware of his obligation to comply with Staff Rule 11.2(a), yet he: (a) intentionally failed to seek management...

Ä¢¹½ÊÓƵAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), Ä¢¹½ÊÓƵJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. Ä¢¹½ÊÓƵAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. Ä¢¹½ÊÓƵAT held that it was satisfied that such a decision was a proper...

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 held that the Standing Committee correctly determined that the applicable rules provide that the pension participant is required to inform Ä¢¹½ÊÓƵJPSF in writing of the benefit election made and of any commutation elected and that there was no provision for third party advisement. Ä¢¹½ÊÓƵAT held that the Standing Committee¡¯s reliance on Article 30(b) of the Ä¢¹½ÊÓƵJSPF Regulations as a rationale for its finding that a deferred retirement benefit became payable to Ms. Assebe upon her separation from service was flawed on the basis that she did not elect for a deferred retirement benefit. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the Ä¢¹½ÊÓƵFPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to Ä¢¹½ÊÓƵFPA. Ä¢¹½ÊÓƵAT rejected Ä¢¹½ÊÓƵDT¡¯s finding that the timing of the decision to terminate the Appellant¡¯s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. Ä¢¹½ÊÓƵAT held that it would be unreasonable to require the Administration to restart the termination...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the staff member¡¯s eligibility for ASHI should be determined based on the date of her recruitment to the ICTY in October 2006 instead of her appointment to Ä¢¹½ÊÓƵAKRT in October 2009. Ä¢¹½ÊÓƵAT noted that, under Staff Rule 4. 17, the date of recruitment that is relevant for determining the terms of appointment of a former staff member who receives a new appointment after separating from the Organisation is the date of the new appointment. In the staff member¡¯s case, her new appointment with Ä¢¹½ÊÓƵAKRT was a re...

Ä¢¹½ÊÓƵAT considered a request for revision of judgment No. 2014-Ä¢¹½ÊÓƵAT-436 as well as a motion requesting that Ä¢¹½ÊÓƵAT strike certain paragraphs from it. Ä¢¹½ÊÓƵAT held that the request did not fulfil the statutory requirements and constituted, in fact, a disguised attempt to re-open the case. Ä¢¹½ÊÓƵAT held that his application was not receivable. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Ä¢¹½ÊÓƵAT held that, while it may be argued that the Appellant did not request her transfer to Amman, she consented to it, and the transfer was effected for her personal convenience. Ä¢¹½ÊÓƵAT held that the text of Ä¢¹½ÊÓƵRWA Area Staff Rule 107. 9 was clear and that Ä¢¹½ÊÓƵRWA DT correctly concluded that she was not entitled to the payment which she sought. Ä¢¹½ÊÓƵAT held that, contrary to the Appellant¡¯s submissions, Ä¢¹½ÊÓƵRWA DT did not exclude her evidence. Recalling the broad discretion of Ä¢¹½ÊÓƵRWA DT to ascertain the weight to attach to the evidence before it, Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA found that the Appellant¡¯s evidence...