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On appeal, Ä¢¹½ÊÓƵAT limited its consideration to the issue of the amount of compensation awarded in lieu of rescission and the amount of compensation awarded for harm. On the issue of in lieu compensation, Ä¢¹½ÊÓƵAT held that the Appellant failed to advance any error of law or of fact leading to a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT noted that in lieu compensation is not intended to compensate for the possible harm suffered by the injured person, as that is the specific aim of compensation for harm. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had the discretion to fix this amount as a generic sum and was not bound by...

With respect to the Appellant¡¯s appeal as it pertained to his 2016 performance evaluation and OTI, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err on a question of law or fact resulting in a manifestly unreasonable decision, nor did it commit an error in procedure such as to affect the outcome of the case. Ä¢¹½ÊÓƵAT held that the issue of the e-PERs of the other staff members was not raised before Ä¢¹½ÊÓƵRWA DT and, therefore, was not receivable. Ä¢¹½ÊÓƵAT held that the reopening of the 2016 e-PER did not affect the overall performance evaluation, which was maintained as ¡°fully meets¡± expectations, and therefore this...

Ä¢¹½ÊÓƵDT exceeded its jurisdiction and erred in law in reviewing the legality of Staff Rule 4.7(a). As Staff Rule 4.7(a) was approved by the General Assembly, the Tribunals had no authority to examine whether or not it is in accord with the Ä¢¹½ÊÓƵ Charter or any other higher norms. Nonetheless, Ä¢¹½ÊÓƵAT held that Staff Rule 4.7(a) only forbids the Secretary-General ¡°to grant an appointment¡± to a person who has a close family relationship but does not provide a legal basis to revoke a staff member¡¯s appointment. Accordingly, Ä¢¹½ÊÓƵAT concluded that the termination of the retired staff member¡¯s 2016 WAE...

The Secretary-General appealed Ä¢¹½ÊÓƵDT¡¯s finding that the contested decisions to abolish Ms Nouinou¡¯s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. Ä¢¹½ÊÓƵAT held that there was no administrative decision to terminate Ms Nouinou¡¯s contract prior to its expiration and...

Ä¢¹½ÊÓƵAT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. Ä¢¹½ÊÓƵAT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. Ä¢¹½ÊÓƵAT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

The Secretary-General appealed the Ä¢¹½ÊÓƵDT judgment as it related to the non-renewal decision only. Ä¢¹½ÊÓƵAT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. Ä¢¹½ÊÓƵAT found nothing objectionable with the Ä¢¹½ÊÓƵDT¡¯s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the Ä¢¹½ÊÓƵ body which had engaged Ms Loose at the time of the separation was still...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its finding that the decision to terminate the Appellant¡¯s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. Ä¢¹½ÊÓƵAT held that it was not necessary for it to deal with the issue of whether Ä¢¹½ÊÓƵDT erred in its finding that the Administration failed to comply with its obligation of retention. Ä¢¹½ÊÓƵAT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General¡¯s argument that Ä¢¹½ÊÓƵDT had erred in finding Mr Nugroho...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was unable to detect any fault in the Ä¢¹½ÊÓƵDT¡¯s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. Ä¢¹½ÊÓƵAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant¡¯s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. Ä¢¹½ÊÓƵAT held that the application was...

Ä¢¹½ÊÓƵAT held that the appeal was receivable on the basis that the Appellant was not challenging the new scheme for education grant introduced by the General Assembly, but rather the manner in which it was implemented in her specific case and the way in which the Secretary-General interpreted General Assembly Resolution 70/244. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in deciding that the Appellant did not have an acquired right to all of the previous education benefits she had enjoyed. On the question of the Appellant¡¯s access to a discretionary consideration of her claims on exceptional grounds, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Hamdan and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Hamdan¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to reject Hamdan¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held...