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Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵDT/2013/151 by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s motion to redact those paragraphs of the impugned judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by Ä¢¹½ÊÓƵAT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

Ä¢¹½ÊÓƵAT held that, in protesting against the non-inclusion of his Transitional Personal Allowance in his retirement benefit, the Appellant had failed to appreciate the distinction between an allowance and base salary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that under the applicable Staff Rules, the Appellant¡¯s retirement benefit did not include the Transitional Personal Allowance. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant had not submitted a timely request for decision review with respect to his allegation of impropriety of his transfer and that therefore that claim was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that Ä¢¹½ÊÓƵDT erred on questions of law and fact and exceeded its competence in awarding damages. Ä¢¹½ÊÓƵAT held that the reasonable expectation of the duration of Mr Andreyev¡¯s contract was one year and reduced the award of compensation in lieu of rescission. Ä¢¹½ÊÓƵAT held that there was no evidence of harm to support the award for moral damages. Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s appeal, reduced the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission to nine months¡¯ net base salary, less...

Ä¢¹½ÊÓƵAT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made several errors of law when it found Ä¢¹½ÊÓƵICEF¡¯s decision not to renew Mr Said¡¯s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not accord any deference to Ä¢¹½ÊÓƵICEF¡¯s conclusion that Mr Said¡¯s performance was poor and, instead, Ä¢¹½ÊÓƵDT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made...

Ä¢¹½ÊÓƵAT held that the JAB did not err in limiting the scope of the Appellant¡¯s application to the written reprimand, as the various other allegations raised were not the subject of a request for administrative review, and were therefore not receivable, and Ä¢¹½ÊÓƵAT dismissed those grounds of appeal. Ä¢¹½ÊÓƵAT held that the Appellant failed to establish any errors of fact that resulted in a manifestly unreasonable decision on the part of the JAB and dismissed that ground of appeal. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submission that the JAB may have been unduly influenced by the presence of the Registrar¡¯s...

On the question of maintaining confidentiality, Ä¢¹½ÊÓƵAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. Ä¢¹½ÊÓƵAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member¡¯s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. Ä¢¹½ÊÓƵAT held that the specific provisions of ICAO¡¯s personnel instruction should have led to a...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, Ä¢¹½ÊÓƵAT held that there was no merit in the staff member¡¯s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, Ä¢¹½ÊÓƵAT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. Ä¢¹½ÊÓƵAT held that the staff member had failed to demonstrate any error in the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General. On the receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred or exceeded its competence in finding the application receivable ratione materiae. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s argument of non-receivability ratione temporis was without merit. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred on a question of law and fact and exceeded its competence when it held that the staff member was entitled to be granted a retroactive promotion with effect from 1 January 2012 to ensure that the time of the selection process from January 2012 to May 2013 be considered as ¡°D-1...

Ä¢¹½ÊÓƵAT rejected the request that the Secretary-General produced the underlying job description for the post, to verify if a typing requirement had been introduced since the last revision, finding that it would be neither necessary nor useful for the fair and expeditious resolution of the case. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate that the contested decision fulfilled objective criteria of Ä¢¹½ÊÓƵAT¡¯s competence. Ä¢¹½ÊÓƵAT held that, considering that the test was to be taken online, with the Appellant being based in Bangkok and the test being administered from New York, it was normal to...

Ä¢¹½ÊÓƵAT held that the impugned Order ceased to have any legal effect when the management evaluation decision was issued. Ä¢¹½ÊÓƵAT held that the issuance of the management evaluation had rendered the Order under appeal moot. Ä¢¹½ÊÓƵAT dismissed the appeal in its entirety.