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Ä¢¹½ÊÓƵAT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that Ä¢¹½ÊÓƵDT declined to award pecuniary damages, Ä¢¹½ÊÓƵAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of Ä¢¹½ÊÓƵDT such as would entitle Ä¢¹½ÊÓƵAT to interfere with the findings of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT was satisfied that the Appellant had been properly compensated for moral damages. Ä¢¹½ÊÓƵAT held t that the substantive and procedural breaches identified by Ä¢¹½ÊÓƵDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT considered it both reasonable and practical to provide for two different dates from which the time limit commenced to run. When the management evaluation is received within the deadline of 45 days, an application must be filed with the Ä¢¹½ÊÓƵDT within 90 calendar days of an applicant¡¯s receipt of the management evaluation response. However, when the management evaluation is received after the deadline of 45 calendar days but before the expiration of 90 days for applying to Ä¢¹½ÊÓƵDT, the receipt of the management evaluation will result in setting...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held by majority that Ä¢¹½ÊÓƵDT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. Ä¢¹½ÊÓƵAT held that it was entirely appropriate for Ä¢¹½ÊÓƵDT to approach the issue of compensation under Article 10(5) of the Ä¢¹½ÊÓƵDT Statute by engaging in a consideration of Mr Appleton¡¯s likely prospects of success. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that Mr Appleton¡¯s appointment to the post was not a foregone conclusion and thus he had no...

Ä¢¹½ÊÓƵAT held that the appeal was not based on any of the required grounds. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s observation that it was not enough for the Appellant to merely allege favouritism and yet...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by the staff member. Ä¢¹½ÊÓƵAT concurred with the former Ä¢¹½ÊÓƵ Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member¡¯s fixed-term appointment was not unlawful. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s finding that the staff member had suffered no material harm from the series of renewals for short...

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General of judgment Nos. Ä¢¹½ÊÓƵDT/2012/104 and Ä¢¹½ÊÓƵDT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment on receivability. On the merits, Ä¢¹½ÊÓƵAT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and an appeal Ademagic et al. Ä¢¹½ÊÓƵAT held that judgment No. 2013-Ä¢¹½ÊÓƵAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the Ä¢¹½ÊÓƵDT decision on that basis and upheld the Secretary-General¡¯s appeal on that issue; Ä¢¹½ÊÓƵAT held that each candidate for permanent appointment...

Ä¢¹½ÊÓƵAT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. Ä¢¹½ÊÓƵAT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, Ä¢¹½ÊÓƵAT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

Ä¢¹½ÊÓƵAT held that there was no merit to the Respondent¡¯s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant¡¯s request. Ä¢¹½ÊÓƵAT held that the matters could be raised by Ä¢¹½ÊÓƵJSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. Ä¢¹½ÊÓƵAT held that the Respondent¡¯s arguments that the Appellant¡¯s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. Ä¢¹½ÊÓƵAT held that the impugned decision was, in effect, a failure by the...

Ä¢¹½ÊÓƵAT determined that by refusing to review the staff member¡¯s request, the Ä¢¹½ÊÓƵJSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose ¡°is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ¡®aberrant results¡¯ or the situation where no up-to-date CPI data is available¡±. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the decision of the Standing Committee of the Ä¢¹½ÊÓƵJSPB to reject the staff member¡¯s request that the Ä¢¹½ÊÓƵJSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...