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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence in reviewing Mr Omwanda¡¯s EOD date, as it was not subject to a timely request for management evaluation. Ä¢¹½ÊÓƵAT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. Ä¢¹½ÊÓƵAT held Ä¢¹½ÊÓƵDT was statutorily barred from hearing Mr Omwanda¡¯s application. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s finding that Ms. Koduru¡¯s testimony was not compelling enough to serve as a basis for an award of moral damages. Ä¢¹½ÊÓƵAT rejected Ms. Koduru¡¯s request for costs. Ä¢¹½ÊÓƵDT dismissed the appeal and the cross-appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Accountability referral: The Ä¢¹½ÊÓƵAT...

Ms Rockcliffe filed an application for execution of Ä¢¹½ÊÓƵAT judgment No. 2017-Ä¢¹½ÊÓƵAT-807. Ä¢¹½ÊÓƵAT held that the crux of the matter for determination was whether Ms Rockcliffe¡¯s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of Ä¢¹½ÊÓƵAT¡¯s order in the judgment. Ä¢¹½ÊÓƵAT held that, although Ä¢¹½ÊÓƵAT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. Ä¢¹½ÊÓƵAT held that it was egregious that Ä¢¹½ÊÓƵJSPF re-submitted that the previous decision not to give Ms Rockcliffe...

Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, Ä¢¹½ÊÓƵAT held that there was a substantial variation or a striking disparity between the award made by Ä¢¹½ÊÓƵDT and the award that Ä¢¹½ÊÓƵAT considered ought to have been made. Ä¢¹½ÊÓƵAT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or fact in denying moral damages, as there was no corroborating...

Ä¢¹½ÊÓƵAT considered Mr Newland¡¯s application for interpretation of judgment No. 2018-Ä¢¹½ÊÓƵAT-820. Ä¢¹½ÊÓƵAT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. Ä¢¹½ÊÓƵAT accepted that there was a degree of uncertainty regarding these questions. Ä¢¹½ÊÓƵAT held that Mr Newland¡¯s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led Ä¢¹½ÊÓƵRWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. Ä¢¹½ÊÓƵAT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. Ä¢¹½ÊÓƵAT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. Ä¢¹½ÊÓƵAT held that there was no rule requiring...

Ä¢¹½ÊÓƵAT considered Article 34 of the Ä¢¹½ÊÓƵJSPF Regulations which provides that a widow¡¯s benefit will be payable to the surviving spouse of a participant who was entitled to a retirement benefit at the date of his death if she was married to the deceased at the date of his separation from service and remained married to him until his death. In accordance with general principles of private international law, the validity of a marriage must be assessed and determined in accordance with the law of the place where the marriage was celebrated, being the law of the Philippines. The Supreme Court of the...

The Ä¢¹½ÊÓƵDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, Ä¢¹½ÊÓƵAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that Ä¢¹½ÊÓƵDT had committed any error of fact or law in arriving at its decision. Ä¢¹½ÊÓƵAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, Ä¢¹½ÊÓƵAT found no reason to differ from the Ä¢¹½ÊÓƵDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...

Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate any error in the finding by Ä¢¹½ÊÓƵDT that he had failed to meet his burden of proving that the assignment to work in Sector East was motivated by improper consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly considered the relevant facts and the applicable law in concluding that the Administration had followed the prescribed procedures and acted in accordance with the internal law of the Organisation in separating him for abandonment of post. Ä¢¹½ÊÓƵAT held that the Appellant could not choose to ignore a lawful direction by the Administration to provide medical...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Amarah and the cross-appeal of the Commissioner-General of Ä¢¹½ÊÓƵRWA against judgment No. Ä¢¹½ÊÓƵRWA/DT/2018/041 and judgment No. Ä¢¹½ÊÓƵRWA/DT/2018/004. Ä¢¹½ÊÓƵAT held that the issues pertaining to the CSO selection process and the contention that Ä¢¹½ÊÓƵRWA had waived the condition of the 18-month separation after the EVS were not properly before it, as they had not been raised before Ä¢¹½ÊÓƵRWA DT and were therefore not receivable. Noting that Mr Amarah had breached the prohibition of employment, Ä¢¹½ÊÓƵAT held that he could not be allowed to breach the rules knowingly, engage in unlawful...