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Ä¢¹½ÊÓƵAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before Ä¢¹½ÊÓƵDT for its consideration, Ä¢¹½ÊÓƵAT should not consider them. Ä¢¹½ÊÓƵAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant¡¯s fixed-term appointment. Ä¢¹½ÊÓƵAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms Civic limited to the extent to which Ä¢¹½ÊÓƵDT dismissed her claim of compensation for pecuniary damage (loss of opportunity). On loss of opportunity, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err when it found that the irregularity of cancelling the Appellant¡¯s performance appraisal and the failure to promptly issue another one did not suffice to demonstrate a significant chance or realistic prospect of her retaining another position within the Organisation. Ä¢¹½ÊÓƵAT held that the irregularity was inconsequential for the purposes of the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in attaching no weight to the medical evidence and in finding that the disciplinary measure imposed was based on an incorrect determination of the nature and gravity of the assault. Ä¢¹½ÊÓƵAT held that there were other more important factors to consider, including the fact that the Appellant was a staff member in charge of local security and that his conduct was an abuse of authority and oppressive of a local inhabitant. Ä¢¹½ÊÓƵAT recalled that the test of proportionality required a comparison between the misconduct and the sanction, not the investigation and disciplinary...

Ä¢¹½ÊÓƵAT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. Ä¢¹½ÊÓƵAT noted that the Appellant had had access to the Inspira Applicant¡¯s Manual and World Higher Education Database, which was embedded into Inspira. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that Ä¢¹½ÊÓƵDT failed to implement the Ä¢¹½ÊÓƵAT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by Ä¢¹½ÊÓƵAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required Ä¢¹½ÊÓƵAT to revise its judgment. Ä¢¹½ÊÓƵAT held that neither the remand order of Ä¢¹½ÊÓƵAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in declining the Appellant¡¯s implicit request for a hearing in person, at least without having considered it and given reasons. Ä¢¹½ÊÓƵAT held that the termination of the Appellant¡¯s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. Ä¢¹½ÊÓƵAT held that any opportunity of the Appellant¡¯s appointment to that vacancy had therefore passed, irrespective of her...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s language, which was strongly critical of the Appellant, was unwarranted. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration¡¯s discretion, as the Appellant no longer met the requirements for it. Ä¢¹½ÊÓƵAT held that the discontinuation of the SPA was justified in view of the Administration¡¯s obligation and right to correct such an erroneous situation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/070 by the Commissioner-General of Ä¢¹½ÊÓƵRWA. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit any error when it concluded that Ä¢¹½ÊÓƵRWA had failed to consider the Applicant¡¯s personal and humanitarian reasons in the impugned decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General¡¯s discretion. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

The Applicant sought revision of judgment 2019-Ä¢¹½ÊÓƵAT-944 pursuant to Article 11(1), which sets out strict and exceptional criteria that must be met. The Applicant alleged he became aware, in January 2020, that the Inspector General¡¯s Office (IGO) of Ä¢¹½ÊÓƵHCR had not made a finding on whether the hiring manager¡¯s conduct amounted to misconduct. The Applicant contended that the Respondent had made misleading comments to Ä¢¹½ÊÓƵAT, which led the latter to erroneously conclude that the IGO had investigated and determined that no misconduct had occurred. In addition, the Applicant sought leave to submit...

On the Appellant¡¯s claim that the Ä¢¹½ÊÓƵDT Judge was biased, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s specific allegations were not made out and any missteps in the conduct of the hearing did not warrant interference with the result. On the Appellant¡¯s claim that his supervisor harassed him to the extent that his actions were mitigated substantially, Ä¢¹½ÊÓƵAT held that even if the Appellant established that there was a dysfunctional relationship between him and his supervisor, this could not have had the effect of mitigating his actions significantly, such were the scale and duration of his misconduct. Ä¢¹½ÊÓƵAT...