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Ä¢¹½ÊÓƵAT considered an application revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-936 by Mr Diallo. Ä¢¹½ÊÓƵAT held that Mr Diallo failed to establish the statutory conditions that had to be fulfilled before a judgment could be revised, namely there was no discovery of a decisive fact which was, at the time the judgment was rendered, unknown to Ä¢¹½ÊÓƵAT and to him. Ä¢¹½ÊÓƵAT held that an application for revision of a judgment that does not meet the statutory prerequisites cannot be a collateral means of attack on the judgment or allowed to be the second right of final appeal. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Ä¢¹½ÊÓƵAT considered an application for execution of judgment No. 2018-Ä¢¹½ÊÓƵAT-873 by Ms Belkhabbaz, requesting that Ä¢¹½ÊÓƵAT should order specific performance remedies against the individual against whom she had pursued her complaint. Ä¢¹½ÊÓƵAT held that, under Section 5. 18(c) of ST/SGB/2008/5, the Assistant Secretary-General of the Office of Human Resources Management (ASG/OHRM) had the discretion to decide whether or not to institute disciplinary measures, managerial actions, or administrative actions. Ä¢¹½ÊÓƵAT held that the managerial action upon which the ASG/OHRM decided complied with Ä¢¹½ÊÓƵAT¡¯s direction in...

Ä¢¹½ÊÓƵAT held that there was no legal basis to conclude that subjecting the Appellant to the managerial or supervisory authority of the director was unlawful. Ä¢¹½ÊÓƵAT held that the decision to refuse a proposed restructuring of the line of supervision to accommodate the Appellant rested on rational legitimate concerns about the managerial prerogative, structural coherence, and institutional integrity. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that AJAB¡¯s interim report did not constitute a neutral first instance process which included a written record and a written decision providing reasons, fact and law and as such, did not conform to the requirements of Article 2(10) of the Ä¢¹½ÊÓƵAT Statute or the Agreement between the Ä¢¹½ÊÓƵ and ICAO. Ä¢¹½ÊÓƵAT held that at ICAO there was no neutral first instance process including a decision. Ä¢¹½ÊÓƵAT held that the Secretary-General of ICAO, who issued the contested decision, was not neutral, but a party to proceedings. Ä¢¹½ÊÓƵAT held that under such circumstances it was not satisfied that the essential...

Ä¢¹½ÊÓƵAT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. Ä¢¹½ÊÓƵAT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the Ä¢¹½ÊÓƵ and WMO dated 20 January 2020. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that the report of the JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that such a case must be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. Ä¢¹½ÊÓƵAT noted that the case could not be remanded to the JAB, whose functions were removed by Agreement between the Ä¢¹½ÊÓƵ and the WMO, signed on 20 January 2020 and effective the same date. Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT for adjudication as a result of said Agreement on the extension of the...

Ä¢¹½ÊÓƵAT held that, although no performance evaluation process was legally required for termination, an appropriate procedure should have been followed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA failed to indicate that the contract would be terminated before its expiration date if the staff member did not improve his performance, and the lack of fair warning rendered the decision to terminate unlawfully. Ä¢¹½ÊÓƵAT granted the appeal in part, rescinded the termination decision, and ordered reinstatement, with an in-lieu compensation of two months¡¯ net base salary.

Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s motion to file an additional pleading in the absence of any exceptional circumstances warranting it. Ä¢¹½ÊÓƵAT held that the Appellant failed to seek leave from Ä¢¹½ÊÓƵAT to introduce additional evidence and neither adduced evidence that exceptional circumstances warranted it nor that it would serve the interests of justice or the efficient and expeditious resolution of the appeal. On the issue of execution of the 2016 Ä¢¹½ÊÓƵDT judgment, Ä¢¹½ÊÓƵAT held that there was no evidence that any of the orders contained therein were not executed and therefore the application was not...

Ä¢¹½ÊÓƵAT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. Ä¢¹½ÊÓƵAT held that while the absence of a response to a staff member¡¯s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. Ä¢¹½ÊÓƵAT held that in the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵJSPF¡¯s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by Ä¢¹½ÊÓƵJSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to Ä¢¹½ÊÓƵAT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, Ä¢¹½ÊÓƵAT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. Ä¢¹½ÊÓƵAT held that Ms. Larriera¡¯s request for review was receivable ratione materiae and that Ms. Larriera¡¯s appeal was...