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Ä¢¹½ÊÓƵAT had before it an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill ¡°some¡± staff members. Ä¢¹½ÊÓƵAT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also erred in law and fact when it concluded that threat was not serious...

Ä¢¹½ÊÓƵAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, Ä¢¹½ÊÓƵAT concluded that under the express terms of Articles 34 and 35, the former staff member¡¯s spouse was not entitled to a survivor¡¯s benefit. Nonetheless, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that Ä¢¹½ÊÓƵDT¡¯s conclusion was consistent with the evidence. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. Ä¢¹½ÊÓƵAT held that the facts underpinning the administrative decision to issue the staff member a...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. Ä¢¹½ÊÓƵAT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant¡¯s unauthorised absence from duty. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in distinguishing Abdallah (judgment No. 2010-Ä¢¹½ÊÓƵAT-091) from the present case. Ä¢¹½ÊÓƵAT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...

Ä¢¹½ÊÓƵAT held that the appeal was entirely without merit. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. Ä¢¹½ÊÓƵAT affirmed, albeit for different reasons, Ä¢¹½ÊÓƵDT¡¯s final legal conclusion that the Applicant¡¯s application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that there was no reviewable administrative decision in the Appellant¡¯s application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...

On the delay before Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT agreed that the delay was unfortÄ¢¹½ÊÓƵATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. Ä¢¹½ÊÓƵAT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the erroneous requirement for a perfect command of English vitiated the entire recruitment process, noting that it was a typographic error and corrective measures were taken by conducting a manual review of the personal history profile of each candidate. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its finding that the selection process was unlawful and lacked transparency. Ä¢¹½ÊÓƵAT held that the need for the factual determination of all of the evidence related to the roster, placement, and removal of candidates required that the instant case be remanded to the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the Appellant was not a staff member, as he was not supported by the Secretary-General in terms of Staff Regulation 4. 1 and was not subject to the Secretary-General¡¯s authority, but rather he was elected by the General Assembly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in dismissing the application as not receivable ratione personae. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly distinguished ILOAT judgment No. 3359, noting that the ILOAT¡¯s jurisdiction ratione personae is broader than Ä¢¹½ÊÓƵDT¡¯s jurisdiction, in that it may be invoked by ¡°officials¡±, which includes judges. Noting that the current...

Ä¢¹½ÊÓƵAT held that the Appellant did not fall under any of the categories of potential applicants and had no legal standing before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that, accordingly, the Appellant had no standing before Ä¢¹½ÊÓƵAT and therefore Ä¢¹½ÊÓƵAT had no competence to address the merits of her claims. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the Ä¢¹½ÊÓƵRWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s ground of appeal was without merit. Ä¢¹½ÊÓƵAT held that the Commissioner-General was obliged to calculate the Appellant¡¯s retirement benefits in accordance with the new Staff Rule and did so correctly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit any error of fact and law in arriving at its decision. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.