New York | SYSTEM OF ADMINISTRATION OF JUSTICE

2017-罌厭弝ⅰAT-750, Kagizi et al.

14 Jul 2017

罌厭弝ⅰAT consolidated the 51 appeals into seven groups heard by seven judicial panels, the first group (Kagizi et al. judgment No. 罌厭弝ⅰDT/2016/131) being heard by the full bench. 罌厭弝ⅰAT dismissed the appeals. 罌厭弝ⅰAT confirmed 罌厭弝ⅰDT＊s finding that the appellants lacked standing to challenge the non-renewal of their appointments in so far as they were deemed to be a direct challenge against the General Assembly＊s decision to abolish the posts. 罌厭弝ⅰAT noted that, while in other aspects, 罌厭弝ⅰDT regarded the applications as receivable and dealt with the merits of the case, those findings were not substantially...

2017-罌厭弝ⅰAT-763, Crotty

14 Jul 2017

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration＊s decision to terminate him. 罌厭弝ⅰAT held that the administrative decision was no longer a live issue and 罌厭弝ⅰDT was not competent to pass judgment on the application. 罌厭弝ⅰAT held that 罌厭弝ⅰDT made an error of law when it found Mr. Crotty＊s application receivable. 罌厭弝ⅰAT held that in light of 罌厭弝ⅰDT＊s error in receiving the application, the 罌厭弝ⅰDT＊s...

2017-罌厭弝ⅰAT-764, Zachariah

14 Jul 2017

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held the 罌厭弝ⅰDT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. 罌厭弝ⅰAT held that there was no merit to the complaint that 罌厭弝ⅰDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah＊s request for management evaluation and the Management Evaluation Unit＊s response, on the basis that it was the role of 罌厭弝ⅰDT to adequately interpret and comprehend the application and that 罌厭弝ⅰDT had the inherent power to...

2017-罌厭弝ⅰAT-765, Fasanella

14 Jul 2017

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held the 罌厭弝ⅰDT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. 罌厭弝ⅰAT held that there was no merit to the complaint that 罌厭弝ⅰDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella＊s request for management evaluation and the Management Evaluation Unit＊s response, on the basis that it was the role of 罌厭弝ⅰDT to adequately interpret and comprehend the application and that 罌厭弝ⅰDT had the inherent power to...

2017-罌厭弝ⅰAT-766, Alsado

14 Jul 2017

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration＊s decision to terminate him. 罌厭弝ⅰAT held that the administrative decision was no longer a live issue and 罌厭弝ⅰDT was not competent to pass judgment on the application. 罌厭弝ⅰAT held that 罌厭弝ⅰDT made an error of law when it found Mr Alsado＊s application receivable. 罌厭弝ⅰAT held that in light of the 罌厭弝ⅰDT＊s error in receiving the application, the 罌厭弝ⅰDT＊s...

2017-罌厭弝ⅰAT-767, Wright

14 Jul 2017

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that the decision to terminate Mr Wright＊s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration＊s decision to terminate him. 罌厭弝ⅰAT held that the administrative decision was no longer a live issue and 罌厭弝ⅰDT was not competent to pass judgment on the application. 罌厭弝ⅰAT held that 罌厭弝ⅰDT made an error of law when it found Mr Wright＊s application receivable. 罌厭弝ⅰAT held that in light of the 罌厭弝ⅰDT＊s error in receiving the application, the 罌厭弝ⅰDT＊s...

2017-罌厭弝ⅰAT-768, Smith

14 Jul 2017

罌厭弝ⅰAT considered an appeal by the Secretary-General. On the issue of receivability, 罌厭弝ⅰAT held that 罌厭弝ⅰDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. 罌厭弝ⅰAT held that there was no merit in the Secretary-General＊s submission that 罌厭弝ⅰDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith＊s request for management evaluation and the MEU＊s response, on the basis that it was the role of 罌厭弝ⅰDT to adequately interpret and...

2017-罌厭弝ⅰAT-755, Ramazani et al.

14 Jul 2017

罌厭弝ⅰAT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-罌厭弝ⅰAT-750 (Kagizi et al. ) and therefore 罌厭弝ⅰAT adopted the reasoning from its prior judgment at paragraphs 18-27. 罌厭弝ⅰAT dismissed the appeals and affirmed the 罌厭弝ⅰDT judgments.

2017-罌厭弝ⅰAT-756, Nkashama et al.

14 Jul 2017

2017-罌厭弝ⅰAT-757, Sarwar

14 Jul 2017

罌厭弝ⅰAT held that the 罌厭弝ⅰDT＊s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, 罌厭弝ⅰDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. 罌厭弝ⅰAT...