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Regarding Contested Decision #1, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, Ä¢¹½ÊÓƵAT also agreed with Ä¢¹½ÊÓƵDT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, Ä¢¹½ÊÓƵAT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, Ä¢¹½ÊÓƵAT observed that there was no evidence that the staff member ought to have been appointed to the post in...

The Secretary-General appealed arguing that the Organization had no obligation to make all reasonable efforts to place the staff member in available suitable posts, as he only had an FTA and that such obligation was meant only for those who had continuing or permanent appointments. Ä¢¹½ÊÓƵAT disagreed and found that staff members should be ¡°retained¡± in an order of priority favouring, first, those with continuing appointments; second, holders of FTAs of more than two years¡¯ duration who were recruited competitively; and third and finally, other FTA holders. In the instant case, Ä¢¹½ÊÓƵAT found because...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵ-ISA Special Agreement and the resulting ISA Staff Rules do not comply with the Ä¢¹½ÊÓƵAT Statute and, consequently, Ä¢¹½ÊÓƵAT is unable to exercise its jurisdiction as a second-level tribunal. The jurisdictional power of Ä¢¹½ÊÓƵAT, ratione personae, and ratione materiae cannot be established or extended unilaterally by the litigating parties through a procedural contract, expressly or tacitly agreed.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that the non-extension of Mr Houenou¡¯s temporary appointment was a proper exercise of discretion in light of the mission¡¯s budgetary situation.

The Secretary-General appealed on the premise that Ä¢¹½ÊÓƵDT improperly substituted its decision for that of the Administration. Ä¢¹½ÊÓƵAT disagreed and found that the reason Ä¢¹½ÊÓƵDT rescinded the decision was because it suffered from incoherence, i.e. the reasons provided for singling out the staff member with a shorter extension of his FTA changed over time and were not supported by the facts. Ä¢¹½ÊÓƵAT also noted the ex post facto reasons for selecting the cross-appellant rather than one of the other staff members provide an inadequate justification, especially in light of the incoherence and the fact that...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT and found that the administrative decision could not be regarded as a ¡°disguised termination¡±. Ä¢¹½ÊÓƵAT held that the staff member was not separated from service on 29 May 2019, and he in fact continued to retain his full position, rights, and entitlements of a staff member until the expiry of his FTA on 30 June 2019.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in assessing the evidence presented. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its finding that i) it would seem that the Appellant¡¯s situation with his former FRO had actually been resolved since they no longer worked together; ii) the Appellant¡¯s eventual temporary reassignment would appear to have been a very reasonable further solution to bring him out of an office environment in which he obviously continued to feel uncomfortable, and iii) it would fall within the Administration¡¯s discretion whether to enact any of the three measures proposed by the Appellant. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered both appeals by the Secretary-General and by Mr Hussein Haidar. Ä¢¹½ÊÓƵAT denied the request for an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that the facts, on which the disciplinary measure was based, had been established by clear and convincing evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the established facts legally amounted to serious misconduct. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error in procedure such as to affect the decision of the case when considering one of the statements. Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵDT¡¯s finding that the measure of...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT and found that the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the staff member¡¯s absence from 18 January 2017 to 26 July 2018 was unauthorized, as she did not provide a duly authorized medical certificate or other justification for her failure to report to work. Ä¢¹½ÊÓƵAT also found that the refusal of the Medical Services Division (MSD) to certify the staff member¡¯s sick leave request after 18 January 2017 was reasonable and that the MSD was the competent technical body to evaluate medical certifications. Ä¢¹½ÊÓƵAT further agreed with Ä¢¹½ÊÓƵDT that the staff member had the...

Ä¢¹½ÊÓƵAT agreed and found the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵDT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.