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In this case, the Administration initially decided that the Applicant was eligible for a prorated amount of lump-sum boarding allowance, but during the management evaluation process, the Administration found the previous decision erroneous and decided that the Applicant was in fact not entitled to any boarding allowance. Therefore, the decision subject to judicial review in this case is the Administration¡¯s decision to find him ineligible for any boarding allowance. It is clear that under staff regulation 3.2 and Appendix B to the Staff Regulations and Rules, eligible staff members are only...

The Tribunal found it most unlikely that¡ªin the hypothesis that the Applicant¡¯s fixed-term appointment had not already been terminated on 9 May 2018¡ªit would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant¡¯s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

The Tribunal concludes from the evidence that the Applicant commented adversely on V01¡¯s clothing during his visit to the National Committee. However, while acknowledging that the comments may have been out of line given that he had no supervisory role over the staff in the National Committee, the Tribunal does not find that evidence supports that this conduct had a sexual component. The Tribunal is satisfied that there is clear and convincing evidence that the Applicant compared V01¡¯s age to his son while stating that he tried to avoid speaking to older women. The Tribunal is also satisfied...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, Ä¢¹½ÊÓƵAT held that, contrary to Ä¢¹½ÊÓƵRWA DT¡¯s finding, the Administration has the discretion to deny a request to extend a staff member¡¯s service beyond retirement only in exceptional cases and on account of the interests of Ä¢¹½ÊÓƵRWA, which must be reflected clearly and precisely in the reasoning for the decision. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that Ä¢¹½ÊÓƵDT should have only received her application against the selection decision. Ä¢¹½ÊÓƵAT held that the appeal was defective in that the Appellant did not clearly define the grounds of appeal as required under Article 2. 1 of the Ä¢¹½ÊÓƵAT Statute, however, Ä¢¹½ÊÓƵAT considered the appeal on the basis that the Appellant was self-represented. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s allegation that the case management of Ä¢¹½ÊÓƵDT was flawed. Ä¢¹½ÊÓƵAT held that the re...

As a preliminary issue, Ä¢¹½ÊÓƵAT held that the new evidence attached to the cross-appeal by the Respondent (the Appellant on Cross-Appeal and the Applicant before Ä¢¹½ÊÓƵDT) was not admissible. On the receivability of the cross-appeal, Ä¢¹½ÊÓƵAT held that it was not receivable since the Respondent was the prevailing party at the first instance level and he does not claim to broaden the order of Ä¢¹½ÊÓƵDT, but just to maintain it by means of an additional argument that has already been rejected by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in its judgment, although Ä¢¹½ÊÓƵAT differed in its reasoning. Ä¢¹½ÊÓƵAT held that the...

Regardless of how the Applicant may intend to define the contested decision, it is clear from the application and its supporting documents, as well as from the request for management evaluation, that the events in dispute date back to March and April 2019. The Applicant therefore missed the 60-day deadline to request management evaluation of the contested decision. The application not receivable ratione materiae.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the Ä¢¹½ÊÓƵAT RoP. Ä¢¹½ÊÓƵAT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. Ä¢¹½ÊÓƵAT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed Ä¢¹½ÊÓƵ Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it would not approve the award of compensation when absolutely no harm had been suffered. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that a staff member had the right to be informed of administrative decisions affecting them, however, Ä¢¹½ÊÓƵAT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. Ä¢¹½ÊÓƵAT vacated the part of the Ä¢¹½ÊÓƵDT judgment awarding compensation.

Ä¢¹½ÊÓƵAT considered an appeal by the staff member. Ä¢¹½ÊÓƵAT held that the evidence supported the conclusion that the decision not to appoint the Appellant was overall lawful and did not violate her rights. Ä¢¹½ÊÓƵAT noted that the Appellant was not deprived of any significant chance of being promoted because there were other candidates ranked higher than her. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate any errors in the Ä¢¹½ÊÓƵDT judgment regarding the merits of the administrative decision that would warrant Ä¢¹½ÊÓƵAT¡¯s intervention. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that she was not properly...