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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit any error when it determined that the application before it was not receivable as it was time-barred. Ä¢¹½ÊÓƵAT noted that it was technically improper for Ä¢¹½ÊÓƵDT to analyse the merits of the case after declaring the application time-barred. Ä¢¹½ÊÓƵAT held that even if the appeal had been receivable ratione temporis, the Appellant¡¯s claim could not succeed. Ä¢¹½ÊÓƵAT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. Ä¢¹½ÊÓƵAT dismissed the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT considered that Ä¢¹½ÊÓƵDT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke¡¯s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. Ä¢¹½ÊÓƵAT held that when it determines that Ä¢¹½ÊÓƵDT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. Ä¢¹½ÊÓƵAT clarified that this did not...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against judgment No. Ä¢¹½ÊÓƵDT/2012/159; an appeal by the ¡°Applicant¡± (anonymity granted) against judgment No. Ä¢¹½ÊÓƵDT/2013/079; and a cross-appeal by the Secretary-General of judgment No. Ä¢¹½ÊÓƵDT/2013/079. On receivability, Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s case that Ä¢¹½ÊÓƵDT erred on the issue of receivability as the non-disciplinary issues contested by the Applicant were never submitted for management evaluation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, in deciding that the non-disciplinary issues had been submitted for management evaluation, erred in law and in fact...

On the Appellant¡¯s claims of discriminatory and arbitrary practices, Ä¢¹½ÊÓƵAT did not find that Ä¢¹½ÊÓƵDT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and Ä¢¹½ÊÓƵDT¡¯s findings demonstrated that it took cognisance of all relevant information. Ä¢¹½ÊÓƵAT held that there was no error by Ä¢¹½ÊÓƵDT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...

Ä¢¹½ÊÓƵAT held that the Appellant had not established any error in fact or law emerging from the impugned judgment. Ä¢¹½ÊÓƵAT noted that the Appellant did not challenge the competitive procedure¡¯s final administrative act since he only began to contest the Administration¡¯s actions when the selected candidate was laterally moved, and another rostered candidate was appointed as a replacement. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s rights as a staff member were linked to the administrative decision that completed the selection procedure and that, as such, any breach of his rights could only be caused by that...

Ä¢¹½ÊÓƵAT considered an application of the Secretary-General for interpretation of judgment No. 2012-Ä¢¹½ÊÓƵAT-240. Ä¢¹½ÊÓƵAT held that the application did not fulfil the requirements of Article 11 of the Ä¢¹½ÊÓƵAT Statute and was therefore manifestly inadmissible. Ä¢¹½ÊÓƵAT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT erred in ¡°double-counting¡± by using the same element of Mr Andersson¡¯s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. Ä¢¹½ÊÓƵAT also rejected the Secretary-General¡¯s submission that Mr Andersson only fleetingly referred to...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the placement of the Appellant on SLWOP enabled him to preserve his pension benefits, granted him the opportunity of remaining a staff member for the purpose of applying as an internal candidate for other positions, and made his relocation possible. Ä¢¹½ÊÓƵAT held that there was no abuse of authority or deliberate attempt to harm, as argued by the Appellant, but rather the Organisation adopted a protective approach. Noting that, due to the downsizing exercise related to the Appellant¡¯s post and his reassignment, he was not entitled to SLWFP and his...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. Ä¢¹½ÊÓƵAT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of Ä¢¹½ÊÓƵAT. Noting that the Appellant relied upon the statements and observations which he had brought before Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT noted that a litigant¡¯s past allegations and arguments cannot be considered evidence per se. Ä¢¹½ÊÓƵAT held that it was not the task of Ä¢¹½ÊÓƵDT (or Ä¢¹½ÊÓƵAT)...

The Tribunal, referring to O¡¯Hanlon, (which was not before the Ä¢¹½ÊÓƵDT), stated that, ¡°This Tribunal interpreted the Inter-Organisation Agreement Concerning Transfer, Secondment or Loan of Staff Among the Organisations Applying the United Nations Common System of Salaries and Allowances to require that service in the releasing Organisation will be counted as service in the receiving Organisation. The Inter-Organisation Agreement interpreted that O¡¯Hanlon was remarkably similar to Article 5. 1 of the IAMA, which pertains to service credits for staff who transfer under the IAMA. Under the rationale...