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Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. Ä¢¹½ÊÓƵAT found no reason to differ from Ä¢¹½ÊÓƵDT¡¯s approach. Ä¢¹½ÊÓƵAT supported Ä¢¹½ÊÓƵDT¡¯s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. Ä¢¹½ÊÓƵAT suggested that Ä¢¹½ÊÓƵDT and the Registries...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. Ä¢¹½ÊÓƵAT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi¡¯s...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. Ä¢¹½ÊÓƵAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

Ä¢¹½ÊÓƵAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which was limited to the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission, which he claimed was excessive. Ä¢¹½ÊÓƵAT held that since the Secretary-General did not contest Ms Sarrouh¡¯s claim for compensation before Ä¢¹½ÊÓƵDT, he could not raise the issue on appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. Ä¢¹½ÊÓƵAT held that in the absence of any error of law or manifestly...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP¡¯s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by conducting a de novo assessment of Ms Sarrouh¡¯s performance and exceeded its competence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in...

Ä¢¹½ÊÓƵAT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. Ä¢¹½ÊÓƵAT held that the decision of the Administration to limit the appointment to Ä¢¹½ÊÓƵMISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, Ä¢¹½ÊÓƵAT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. Ä¢¹½ÊÓƵAT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

Ä¢¹½ÊÓƵAT considered an appeal by the staff member and an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT upheld both Ä¢¹½ÊÓƵDT¡¯s finding that the decision to close the investigation was improper as well as Ä¢¹½ÊÓƵDT¡¯s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. Ä¢¹½ÊÓƵAT, however, vacated Ä¢¹½ÊÓƵDT¡¯s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. Ä¢¹½ÊÓƵAT held that ¡°generally speaking, the testimony of an applicant alone without corroboration by...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT found no reason to differ from the conclusion of Ä¢¹½ÊÓƵRWA DT, that Ä¢¹½ÊÓƵRWA could not have considered the Appellant as having the requisite international experience. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. Ä¢¹½ÊÓƵAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. Ä¢¹½ÊÓƵAT held that the...