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The issue for determination by Ä¢¹½ÊÓƵAT was whether the relevant date for the filing of the Secretary-General¡¯s appeal ran from the date on which the ALS received the Ä¢¹½ÊÓƵDT judgment in its capacity as counsel of record for the Secretary-General before Ä¢¹½ÊÓƵDT or the date on which the judgment was received by the OLA, the Secretary-General¡¯s counsel of record before Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that in the absence of any published Ä¢¹½ÊÓƵDT rule or practice direction which decreed that transmission of Ä¢¹½ÊÓƵDT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. On the award of costs, Ä¢¹½ÊÓƵAT held that the calling of a witness in good faith and with the reasonable aim to bolster the views of the Administration did not constitute an abuse of process warranting the award of legal costs and granted the appeal on that point. Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal of the award of prospective compensation of the monetary equivalent of the Special Post Allowance for an uncertain duration. Ä¢¹½ÊÓƵAT found no merit in the Secretary-General¡¯s appeal against the award of compensation for loss of opportunity...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT accepted the Secretary-General¡¯s position that Ä¢¹½ÊÓƵMIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the Ä¢¹½ÊÓƵMIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. Ä¢¹½ÊÓƵAT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. Ä¢¹½ÊÓƵAT held that the change in the composition of the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT found merit in the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...

Ä¢¹½ÊÓƵAT considered an appeal against Order No. 057 (Ä¢¹½ÊÓƵRWA/DT/2014) and judgment No. Ä¢¹½ÊÓƵRWA/DT/2014/027. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the Ä¢¹½ÊÓƵRWA DT judgment and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s reasoning. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request to submit new evidence to Ä¢¹½ÊÓƵAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. Ä¢¹½ÊÓƵAT held that it was for Ä¢¹½ÊÓƵRWA DT to consider that it...

Ä¢¹½ÊÓƵAT held that the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that Ä¢¹½ÊÓƵDT was unable to find any such evidence, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. Ä¢¹½ÊÓƵAT held that it was satisfied that Ä¢¹½ÊÓƵDT¡¯s...

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the staff member¡¯s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the Ä¢¹½ÊÓƵDT Statute and Staff Rule 11.2(a). Ä¢¹½ÊÓƵAT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...

On the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT erred in failing to hold an oral hearing, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. Ä¢¹½ÊÓƵAT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his Ä¢¹½ÊÓƵDT application, and by corollary should then have removed the written reprimand and all reference to it...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. Ä¢¹½ÊÓƵAT held that the adverse effect on Mr Alobwede was not supported by evidence. Ä¢¹½ÊÓƵAT held that the ICTR Registrar¡¯s decision was lawful, and Ä¢¹½ÊÓƵDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in the level of award. Ä¢¹½ÊÓƵAT held that the Secretary...

Ä¢¹½ÊÓƵAT had before it an appeal by the staff member limited to the award of compensation. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. Ä¢¹½ÊÓƵAT held that there was no error in this regard. Ä¢¹½ÊÓƵAT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, Ä¢¹½ÊÓƵRWA DT was conscious of the Appellant¡¯s claims for loss of opportunity. Ä¢¹½ÊÓƵAT held that, in view of...

Ä¢¹½ÊÓƵAT held that it could find no fault with the Ä¢¹½ÊÓƵDT¡¯s conclusion that the application was not receivable ratione materiae, which accorded with Ä¢¹½ÊÓƵAT¡¯s jurisprudence. Ä¢¹½ÊÓƵAT held that, since that ground was sufficient to affirm the Ä¢¹½ÊÓƵDT judgment and to dismiss the appeal, there was no need for it to determine whether the application before Ä¢¹½ÊÓƵDT challenged a specific implied administrative decision on the part of Ä¢¹½ÊÓƵICEF or whether the Appellant was merely making general complaints about Ä¢¹½ÊÓƵICEF¡¯s failure to protect him. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. Ä¢¹½ÊÓƵAT held that the procedural errors did not amount to an abuse of power. Ä¢¹½ÊÓƵAT held that absent an abuse of power, the compensation for moral damages had to be vacated. Ä¢¹½ÊÓƵAT granted the appeal, rejected the cross-appeal, and vacated the Ä¢¹½ÊÓƵRWA DT judgment in its entirety.

Ä¢¹½ÊÓƵAT had before it the Secretary-General¡¯s appeal against judgment Nos. Ä¢¹½ÊÓƵDT/2013/004 (judgment on receivability) and Ä¢¹½ÊÓƵDT/2013/128 (judgment on the merits). Ä¢¹½ÊÓƵAT held that there was no reason to upset the Ä¢¹½ÊÓƵDT¡¯s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. Ä¢¹½ÊÓƵAT held, affirming Ä¢¹½ÊÓƵDT¡¯s finding, that the Applicant¡¯s application was receivable by Ä¢¹½ÊÓƵDT. Noting that the Applicant commenced employment with Ä¢¹½ÊÓƵICEF less than three months after her separation and with no reduction in level or step from her previous role, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), Ä¢¹½ÊÓƵJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. Ä¢¹½ÊÓƵAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. Ä¢¹½ÊÓƵAT held that it was satisfied that such a decision was a proper...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. Ä¢¹½ÊÓƵAT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. Ä¢¹½ÊÓƵAT held that Mr Hajdari never challenged his separation from service from Ä¢¹½ÊÓƵMIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. Ä¢¹½ÊÓƵAT held that Mr Hajdari¡¯s...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the Ä¢¹½ÊÓƵFPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to Ä¢¹½ÊÓƵFPA. Ä¢¹½ÊÓƵAT rejected Ä¢¹½ÊÓƵDT¡¯s finding that the timing of the decision to terminate the Appellant¡¯s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. Ä¢¹½ÊÓƵAT held that it would be unreasonable to require the Administration to restart the termination...

Ä¢¹½ÊÓƵAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and Ä¢¹½ÊÓƵAT, therefore, upheld the findings of Ä¢¹½ÊÓƵDT on this point. On compensation, Ä¢¹½ÊÓƵAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. Ä¢¹½ÊÓƵAT held that the Administration¡¯s offer of USD 1,000 was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the staff member¡¯s eligibility for ASHI should be determined based on the date of her recruitment to the ICTY in October 2006 instead of her appointment to Ä¢¹½ÊÓƵAKRT in October 2009. Ä¢¹½ÊÓƵAT noted that, under Staff Rule 4. 17, the date of recruitment that is relevant for determining the terms of appointment of a former staff member who receives a new appointment after separating from the Organisation is the date of the new appointment. In the staff member¡¯s case, her new appointment with Ä¢¹½ÊÓƵAKRT was a re...