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Ä¢¹½ÊÓƵAT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before Ä¢¹½ÊÓƵDT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman¡¯s Office is not sufficient in this regard. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...

nglÄ¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law or fact in finding that the facts on which the disciplinary measure was based had been established. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the preponderance of the evidence showed that the Appellant hit a student forcefully on the back during the 25 October 2016 distribution of school bags. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in relying on the testimony of the Donor Relations Officer (DRO), which is of high value. Ä¢¹½ÊÓƵAT noted that he was a neutral witness without any personal interest in the matter and he did not know the Appellant before. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT noted that the deceased staff member, Mr Pise, could have been under no illusion when he signed the payment instruction forms that he had opted to receive, in addition to a deferred pension, his own contributions plus interest as an immediate withdrawal benefit rather than a prospective survivor¡¯s benefit. Ä¢¹½ÊÓƵAT noted that he was informed of that interpretation twice subsequent to his separation and did not challenge those determinations. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Pise received the benefits payable to him in terms of the Fund¡¯s Regulations and there was no basis thereunder...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the Appellant¡¯s claim of constructive dismissal was not receivable. Ä¢¹½ÊÓƵAT held that it was well within Ä¢¹½ÊÓƵDT¡¯s jurisdiction and that Ä¢¹½ÊÓƵDT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant¡¯s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, Ä¢¹½ÊÓƵAT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...

Ä¢¹½ÊÓƵAT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, Ä¢¹½ÊÓƵAT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, Ä¢¹½ÊÓƵAT held that there was no need to order execution, namely the Appellant¡¯s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission...

Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the JAB process did not constitute a neutral first instance process that includes a decision, and therefore was not appealable to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the Secretary-General of WMO, who issued the contested decision, could not be regarded as a neutral body as he is a party. Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT, which constituted the neutral first instance process for WMO.

Ä¢¹½ÊÓƵAT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the Ä¢¹½ÊÓƵHCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, Ä¢¹½ÊÓƵAT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...

Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. Ä¢¹½ÊÓƵAT found no errors in the Ä¢¹½ÊÓƵDT¡¯s analysis that there were no procedural flaws in the investigation that impacted the Appellant¡¯s rights. Ä¢¹½ÊÓƵAT found no errors in Ä¢¹½ÊÓƵDT¡¯s finding that the Administration had the discretion to initiate disciplinary proceedings. Ä¢¹½ÊÓƵAT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct not to conclude that the Appellant had initiated the physical fight. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was entitled to conclude the evidence of a witness was not clear and convincing, given inconsistencies. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT determined correctly that a prior altercation could not provide propensity evidence to corroborate witnesses¡¯ accounts of the physical fight because the prior altercation was not investigated properly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error in concluding that the Appellant had been unduly influenced into signing the settlement agreement, but that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s motion to file additional pleadings on the basis that there were no exceptional circumstances to justify the filing. On the merits, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT calculation of the three-time periods of participation in the contributory health insurance plan was not correct. However, Ä¢¹½ÊÓƵAT held that even the correct calculation did not result in the required 10 years of participation, but only 9 years, 10 months, and 14 days. Turning to consider the period of 11 May to 30 June 2009, Ä¢¹½ÊÓƵAT held that a staff member who had expressly conceded in her application that a...