Ä¢¹½ÊÓƵAT considered two applications, one for correction and one for revision, relating to judgment No. 2013-Ä¢¹½ÊÓƵAT-363. Ä¢¹½ÊÓƵAT held that Mr Chaaban failed to show any clerical or arithmetical mistake to justify the correction of the judgment. Ä¢¹½ÊÓƵAT held that Mr Chaaban failed to identify any decisive fact unknown at the time of the judgment to warrant its revision. Ä¢¹½ÊÓƵAT dismissed both applications.
Ä¢¹½ÊÓƵAT held that the impugned Order ceased to have any legal effect when the respective management evaluation was issued. Ä¢¹½ÊÓƵAT held that the issuance of the management evaluation had rendered the Order under appeal moot. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
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.
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 there was no provision in the Staff Regulations or Rules stating that the Secretary-General¡¯s discretionary authority to issue a written reprimand as a non-disciplinary measure pursuant to Staff Rule 10.2(b) (i) was predicated upon and limited to the existence of an ongoing employment contract. Ä¢¹½ÊÓƵAT found that to hold otherwise would render baseless those standards of conduct that survive active service. In addition, Ä¢¹½ÊÓƵAT held that, from a practical perspective, it would stymie the Secretary-General¡¯s ability and discretionary authority to properly manage investigations and...
Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and found that Ä¢¹½ÊÓƵDT erred in law and fact by awarding a remedy to Mr Nwuke. Ä¢¹½ÊÓƵAT held that the violation of Mr Nwuke¡¯s due process rights did not, in and of itself, entitle him to an award of damages and that there was no evidence of any pecuniary loss or harm suffered by Mr Nwuke as a result of said violation. Moreover, Ä¢¹½ÊÓƵAT held that not every violation of a staff member¡¯s right will necessarily lead to an award of compensation and there are no legal grounds that can justify such an award when no actual prejudice is found. Ä¢¹½ÊÓƵAT accordingly...
Ä¢¹½ÊÓƵAT preliminarily rejected the Appellant¡¯s motion for leave to file additional pleadings after finding no exceptional circumstances justifying the filing of an additional submission. With respect to the alleged error of procedure in Ä¢¹½ÊÓƵDT¡¯s proceedings by way of summary judgment, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s issuance of summary judgment was appropriate since there was no dispute about the material facts and that the question of receivability is a matter of law. Ä¢¹½ÊÓƵAT also held that the Appellant did not meet her burden of proving that Ä¢¹½ÊÓƵDT made an error of procedure when it decided to issue a summary...
Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal, specifically whether General Assembly resolutions 63/250 and 65/247 apply to staff in the General Service category, and whether Staff Rules 4.14(b) and 4.16(b) apply to staff at the General Service level. With respect to the first issue, Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵDT¡¯s reasoning that Paragraph 23 of section II of General Assembly resolution 63/250 and Paragraph 50 of section VI of General Assembly resolution 65/247 include two categories of staff members in the United Nations Secretariat who have the right to be granted a continuing appointment...
Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT denied the motion seeking leave to file additional pleadings/evidence, finding there were no exceptional circumstances that would warrant the granting of the motion. Ä¢¹½ÊÓƵAT held that the appeal on the suspension without pay was not receivable since the Appellant had failed to observe the time limits. Regarding the receivability of the letter requesting reconsideration of the summary dismissal, Ä¢¹½ÊÓƵAT held that it would not admit evidence that had been known to the...
Ä¢¹½ÊÓƵAT held that both the ASC and APD bestow discretion on the Agency to pay an AAA. Ä¢¹½ÊÓƵAT held that the two instruments, the ASC and the APD, were easily reconcilable. Ä¢¹½ÊÓƵAT held that the ASC deals with the specific situation where an Area staff member acts in an International professional post, while the ADP deals with all other cases of acting appointments. Ä¢¹½ÊÓƵAT held that there was no manifest intention or inevitable construction that the Agency intended to abrogate the specific policy in the ASC. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was correct in its finding that the ASC had not been implicitly abrogated...
