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Ä¢¹½ÊÓƵAT noted that in the absence of a university degree, the Appellant did not satisfy the academic criterion stated in the vacancy announcement, but he was long-listed, which meant that Ä¢¹½ÊÓƵRWA took his experience into consideration and decided that his additional years of experience justified his pre-selection. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in fact in considering that Ä¢¹½ÊÓƵRWA did not examine whether the experience of the Appellant could offset his lack of a university degree. Ä¢¹½ÊÓƵAT held that the decision by Ä¢¹½ÊÓƵRWA to limit the short-list to seven candidates with university degrees was reasonable and...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed various errors of law, fact, and procedure. Ä¢¹½ÊÓƵAT held that the whole reasoning of Ä¢¹½ÊÓƵDT was misconstrued and Ä¢¹½ÊÓƵDT did not properly examine the lawfulness of the disciplinary sanction. Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of Ä¢¹½ÊÓƵFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another Ä¢¹½ÊÓƵFPA vendor. Further, Ä¢¹½ÊÓƵAT held that there was...

As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the Ä¢¹½ÊÓƵDT judgment insofar as it had not been appealed against, Ä¢¹½ÊÓƵAT denied the motion on the basis that execution should have been requested before Ä¢¹½ÊÓƵDT. On the Appellant¡¯s motion to strike assertions and evidence, Ä¢¹½ÊÓƵAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, Ä¢¹½ÊÓƵAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

The Appellant¡¯s appeal primarily challenged the decision of Ä¢¹½ÊÓƵDT not to hold an oral hearing, purportedly denying him a fair trial and due process. Ä¢¹½ÊÓƵAT noted that the reason for the decisions to temporarily limit the authority of the Applicant pending a management review was not in contention. Ä¢¹½ÊÓƵAT held that the withdrawal of the delegations did not unduly detract from the Appellant¡¯s core functions, though his discretion to interact with various stakeholders was significantly restricted and he was constrained by a firmer level of accountability and closer scrutiny of his performance. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the Administration was not under an obligation to pursue a recruitment procedure once begun by filling the post. Ä¢¹½ÊÓƵAT held that the contested administrative decision not to carry the recruitment process through to appointment, but rather to readvertise, was a valid and lawful exercise of the Administration¡¯s discretion, based on sound reasons inextricably linked to the interest of the service, namely the situation in Burundi, the need for additional skills, and compliance with the relevant legal instruments governing the recruitment procedure. Ä¢¹½ÊÓƵAT held that the contested...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s request for management evaluation was time-barred and that Ä¢¹½ÊÓƵDT correctly ruled that his application was not receivable ratione materiae. Whilst the Appellant could and did request further information about the recruitment exercise, such request did not in any way impact the statutory time limit contained in Staff Rule 11. 2(c). In addition, Ä¢¹½ÊÓƵAT held that the additional evidence the Appellant sought to submit on appeal bore no relevance to the case and rejected his request. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of law and fact when it concluded that the Administration, having issued the offer of appointment on the basis of a factual error to an ineligible candidate who was legally barred from being recruited, had a duty to withdraw the offer, as soon as the mistake was discovered; and that the Administration was legally precluded from issuing a letter of appointment to the Appellant. Ä¢¹½ÊÓƵAT held that, on the basis that it had concluded that Ä¢¹½ÊÓƵDT did not make any errors of law and fact, it was unnecessary to examine the other grounds of appeal advanced by the...

Ä¢¹½ÊÓƵAT held that the appeal was entirely without merit. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that the facts supporting the disciplinary measure had been established and to conclude that those facts amounted to misconduct. Ä¢¹½ÊÓƵAT supported the reasoning of Ä¢¹½ÊÓƵDT in rejecting the Appellant¡¯s attempts at exoneration, namely that factors such as whether or not her husband was qualified for the job or the other candidate secured another position did not change the existence of a conflict of interest and the way in which the integrity of the process was compromised. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found...

Ä¢¹½ÊÓƵAT held that the Appellant had demonstrated no exceptional circumstances which would justify Ä¢¹½ÊÓƵAT exercising its discretion to file additional pleadings. Ä¢¹½ÊÓƵAT held that an application before Ä¢¹½ÊÓƵDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. Ä¢¹½ÊÓƵAT held that the...

Ä¢¹½ÊÓƵAT held that while the Ä¢¹½ÊÓƵRWA DT decision could have had an indirect impact on the Appellant¡¯s terms of appointment or contract, a direct effect is needed in order to allow a staff member to contest an adverse administrative decision. Ä¢¹½ÊÓƵAT held that the fact that Ä¢¹½ÊÓƵRWA granted the change of modality of contract to the other individual did not have any bearing on the outcome of the Ä¢¹½ÊÓƵRWA DT decision, because the application was dismissed on receivability grounds. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in any of its factual findings resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that...