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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General on the matter of the interest. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT has the power to award interest but erred in ordering the payment of interest at the rate of eight per cent per annum. Ä¢¹½ÊÓƵAT allowed the appeal in part, set aside the award of interest from the Ä¢¹½ÊÓƵDT judgment, and awarded interest at the US Prime Rate applicable at the date that the entitlements became due. Ä¢¹½ÊÓƵAT held that if the judgment was not executed within 60 days, five per cent should be added to the US Prime Rate from the date of expiry of the 60-day period to the date of payment of the...

As a preliminary matter, Ä¢¹½ÊÓƵAT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General¡¯s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, in exercising judicial review, may interfere with the exercise of the Secretary-General¡¯s discretion in disciplinary proceedings against a staff member on the ground...

Ä¢¹½ÊÓƵAT noted that, even though it found the case non-receivable, Ä¢¹½ÊÓƵDT undertook a final review of the Appellant¡¯s allegations and that the case failed on the facts. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. Ä¢¹½ÊÓƵAT held there was no basis to disagree with Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-Ä¢¹½ÊÓƵAT-036)). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in applying the decision in Rosca (Ä¢¹½ÊÓƵDT/2009/052), which was disproved by Ä¢¹½ÊÓƵAT in Costa, but that the error did not affect the outcome...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT adequately applied the appropriate principles set out in the former Ä¢¹½ÊÓƵ Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. Ä¢¹½ÊÓƵAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division¡¯s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that it would have been...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in failing to consider adequately the Appellant¡¯s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the Ä¢¹½ÊÓƵDT hearing, which included the opportunity to call evidence and to challenge the Administration¡¯s evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

Ä¢¹½ÊÓƵAT observed that the Appellant did not challenge the reasoning of Ä¢¹½ÊÓƵDT, but appealed on the ground that the administrative policy in place should be changed because she was promoted but her gross income was reduced. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s pay calculations also took into account other deductions and increases such that her net income increased. Ä¢¹½ÊÓƵAT held that the real issue before it was whether Ä¢¹½ÊÓƵDT made a reversible error in fact or law such that it must allow the appeal. Ä¢¹½ÊÓƵAT noted that the Appellant did not disagree that, on its face, the calculations of her salary were made...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that Ä¢¹½ÊÓƵDT had erred in setting the interest rate at 8 per cent. Ä¢¹½ÊÓƵAT held that both Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT must have the power to award interest in the normal course of ordering compensation. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment and Order No. 30 to the extent that Ä¢¹½ÊÓƵDT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).

The Secretary-General filed appeals against Ä¢¹½ÊÓƵDT Orders. Ä¢¹½ÊÓƵAT determined that, generally, only appeals against final judgments are receivable. Ä¢¹½ÊÓƵAT noted that an interlocutory appeal is receivable exceptionally in cases where Ä¢¹½ÊÓƵDT has clearly exceeded its jurisdiction or competence. Ä¢¹½ÊÓƵAT held that it would not interfere lightly with the broad discretion of Ä¢¹½ÊÓƵDT in the management of cases. Further, Ä¢¹½ÊÓƵAT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before Ä¢¹½ÊÓƵDT could seldom proceed if either party were able to appeal interlocutory...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s judgment in Rosca was no longer good law, having been overruled by Ä¢¹½ÊÓƵAT in Costa. Ä¢¹½ÊÓƵAT held that time limits prescribed for administrative review and management evaluation (in the new system) could not be waived under Article 8(3) of the Ä¢¹½ÊÓƵDT Statute, due to a specific prohibition in this respect contained in Article 8(4) of the Ä¢¹½ÊÓƵDT Statute, as interpreted by Ä¢¹½ÊÓƵDT in Costa and affirmed by Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that the application was time-barred and the delay in filing could not be condoned. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.