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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 held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA¡¯s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. Ä¢¹½ÊÓƵAT noted that the Commissioner-General did not dispute the Appellant¡¯s claim that the Ä¢¹½ÊÓƵRWA Area Staff Rules...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that Ms Akello¡¯s involvement in the private company Blessed Seasons, which was on a Ä¢¹½ÊÓƵ list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. Ä¢¹½ÊÓƵAT held that, in ruling otherwise, Ä¢¹½ÊÓƵDT erred in law and fact and the Secretary-General¡¯s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of fact or law when it concluded that the difference of treatment between the Appellant and his former colleagues who had undergone a competitive selection process was lawful. Ä¢¹½ÊÓƵAT held that it was reasonable and lawful to treat them differently at the time of deciding about the possible extension of his fixed-term appointment because equality meant not only the equal treatment of equals but also the unequal treatment of unequal. Ä¢¹½ÊÓƵAT held that there was no flaw in the motivation of the impugned judgment that could result in a manifestly unreasonable...

The staff member appealed seven Ä¢¹½ÊÓƵDT judgments. Ä¢¹½ÊÓƵAT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.

Ä¢¹½ÊÓƵAT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by Ä¢¹½ÊÓƵDT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of Ä¢¹½ÊÓƵFPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the Ä¢¹½ÊÓƵFPA Headquarters Contracts Review Committee, in violation of further norms. Ä¢¹½ÊÓƵAT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly declined to accept...

Ä¢¹½ÊÓƵAT held that the Appellant failed to establish any errors warranting the reversal of the Ä¢¹½ÊÓƵDT judgment concerning her entitlements. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly concluded that the claim was not receivable. Ä¢¹½ÊÓƵAT recalled that Ä¢¹½ÊÓƵDT has no jurisdiction to waive the deadlines for management evaluation or administrative review. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that grounds existed to discharge Mr Leal for misconduct, without needing to address the issue of the alleged circumvention of the recruitment process for the purposes of hiring. Ä¢¹½ÊÓƵAT held that the misconduct and disciplinary measure of dismissal fell within the discretion of the Secretary-General and could not be seen as disproportionate to the offences unless it was the result of proven abuse or arbitrary exercise of that discretion. Ä¢¹½ÊÓƵAT held that the key elements of Mr Leal¡¯s due process were met. Ä¢¹½ÊÓƵAT held that, since the...

Ä¢¹½ÊÓƵAT considered both an appeal by Ms Tsoneva and an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT disagreed with the Ä¢¹½ÊÓƵDT¡¯s interpretation of the prescribed procedure, leading to the discontinuation of Ms Tsoneva¡¯s position, noting that there was no requirement that the staff member¡¯s meeting with the manager must take place after the staff member had received a written notification or that the manager must consult a concerned staff member. Ä¢¹½ÊÓƵAT held that the Director complied with the prescribed procedure by discussing the matter with Ms Tsoneva, informing her in writing of his intention to request...

Ä¢¹½ÊÓƵAT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic¡¯s appeal, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General¡¯s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT held that the approach of Ä¢¹½ÊÓƵDT did not merit the remedy...