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Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the lateral reassignment of a staff member, in this case, fell entirely within the discretion of the Administration. Ä¢¹½ÊÓƵAT found no evidence of arbitrary and unlawful exercise of discretion in the appeal which could allow Ä¢¹½ÊÓƵDT to pronounce on the discretion of the Administration. Finding no illegality and no evidence that the cancellation of the job opening had an adverse effect on the staff member¡¯s morale and professional reputation, Ä¢¹½ÊÓƵAT vacated the award of compensation. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the Appellant had failed to submit his appeal to the AJAB in accordance with the time limits defined in ICAO¡¯s Field Service Staff Rules. Ä¢¹½ÊÓƵAT held that a submission of an appeal of the administrative decision to AJAB was a mandatory step in the first-instance procedure. Ä¢¹½ÊÓƵAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of an appellant which were not considered first by the AJAB as the ¡°neutral first instance process¡±. Ä¢¹½ÊÓƵAT further held that the Appellant had failed to comply with a mandatory step of the first instance...

Ä¢¹½ÊÓƵAT held that pursuant to Article 30 Ä¢¹½ÊÓƵAT RoP and considering the medical condition of Appellant¡¯s counsel, it was in the interests of justice to grant the Appellant¡¯s motion for an extension of time to file her comments on the Secretary-General¡¯s motion to supplement his answer. Ä¢¹½ÊÓƵAT accepted the Appellant¡¯s comments on the Secretary-General¡¯s motion as timely filed. Ä¢¹½ÊÓƵAT denied the Secretary-General¡¯s motion for leave to supplement his answer since his additional pleadings would not advance or assist with the disposal of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had very thoroughly considered the...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that there was no need for further clarification. Ä¢¹½ÊÓƵAT held that the Appellant did not base his appeal on any grounds for appeal in accordance with those established in the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT¡¯s conclusions about the untimely submission for review of the purported administrative decision approving a new workflow, the non-receivability of the challenge against the directive to the staff of the Finance Department not to take instructions from the Appellant, as well as the intermediate nature of the decision to refer...

Ä¢¹½ÊÓƵAT considered the appeal by the Ä¢¹½ÊÓƵRWA Commissioner-General. Ä¢¹½ÊÓƵAT confirmed the findings and conclusions of the Ä¢¹½ÊÓƵRWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member¡¯s complaints. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had thoroughly conducted the judicial review of the challenged administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. Ä¢¹½ÊÓƵAT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that despite acknowledging that under Ä¢¹½ÊÓƵAT¡¯s jurisprudence, a rebuttal panel is not a technical body, Ä¢¹½ÊÓƵDT declined to follow its jurisprudence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred by waiving the management evaluation as a receivability requirement. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its jurisdiction, and made an error of law when it received an application, which was not receivable ratione materiae. Ä¢¹½ÊÓƵAT upheld the appeal was upheld and vacated the Ä¢¹½ÊÓƵDT judgment in its entirety.

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General challenging the compensation for moral damages. Ä¢¹½ÊÓƵAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. Ä¢¹½ÊÓƵAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the appeal was, therefore, moot. Ä¢¹½ÊÓƵAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. Ä¢¹½ÊÓƵAT held that although the Secretary-General¡¯s appeal had no merit, it...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that there was no need for further evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in law and procedure when it did not consider the Appellant¡¯s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. Ä¢¹½ÊÓƵAT held that it was impossible for the Appellant¡¯s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. Ä¢¹½ÊÓƵAT held that the case was similar to the related case disposed...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding no need for further clarification of the issues. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly determined that the Appellant had failed to comply with the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. Ä¢¹½ÊÓƵAT held that the Appellant had never sought review of the decision to separate him from service, failing to comply with Article 8.1(c) of the Ä¢¹½ÊÓƵRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵRWA DT¡¯s finding...