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Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal regarding whether Ä¢¹½ÊÓƵDT erred in ordering both an extension of Mr Sannoh¡¯s appointment and payment of a termination indemnity. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵMIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member¡¯s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...

Ä¢¹½ÊÓƵAT found that the Appellant and her counsel were provided with an adequate opportunity to file an application in a timely manner, but failed to do so, causing her application before Ä¢¹½ÊÓƵRWA DT to be non-receivable. Ä¢¹½ÊÓƵAT further held that, even if it were to disregard the untimely submission of the application before Ä¢¹½ÊÓƵRWA DT, the application would remain non-receivable because the Appellant did not seek in a timely manner the required request for review of the contested administrative decision she intended to overturn. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered both an application for Revision of judgment No. 2013-Ä¢¹½ÊÓƵAT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, Ä¢¹½ÊÓƵAT held that Mr Pirnea did not set forth a new fact that was unknown to both him and Ä¢¹½ÊÓƵAT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the Ä¢¹½ÊÓƵAT Statute and Article 24 of the Ä¢¹½ÊÓƵAT Rules of Procedure. On the motion for confidentiality, Ä¢¹½ÊÓƵAT noted that the motion was late, and it was unlikely that confidentiality could be achieved...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and Mr Terragnolo¡¯s cross-appeal, noting that only the compensation awarded by Ä¢¹½ÊÓƵDT was being contested. With respect to the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. Ä¢¹½ÊÓƵAT noted that the impugned judgment followed Ä¢¹½ÊÓƵAT¡¯s jurisprudence, but Ä¢¹½ÊÓƵDT¡¯s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. Ä¢¹½ÊÓƵAT held that due...

The Appellant filed a notice of withdrawal pursuant to the terms and conditions of a settlement agreement. Ä¢¹½ÊÓƵAT issued Order No. 188 (2014) noting the withdrawal and ordering the Registrar to close the case.

Ä¢¹½ÊÓƵAT held that, while the representatives of the parties were present at the oral proceedings, they are entitled to the record of the testimonies made at those proceedings from the relevant Ä¢¹½ÊÓƵDT Registry. Ä¢¹½ÊÓƵAT held that this record is critical for the preparation of the appeal case. Ä¢¹½ÊÓƵAT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. Ä¢¹½ÊÓƵAT held that the Appellant was entitled to the record of the testimonies critical to the preparation of the appeal case, applying its jurisprudence in Finnis (Order No. 49 (2011)). Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered two appeals by the staff member of Ä¢¹½ÊÓƵDT Order Nos. 109 and 110. Ä¢¹½ÊÓƵAT held that the appeals were receivable because they were addressed against judicial decisions which disposed the cases before Ä¢¹½ÊÓƵDT. Finding that the two appeals raised the same legal issues, Ä¢¹½ÊÓƵAT consolidated them in the interest of judicial economy and consistency. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s observations about the non-receivability of the appeals. Ä¢¹½ÊÓƵAT held, however, that the motions for reinstatement were in fact non-receivable ab initio. Ä¢¹½ÊÓƵAT held that there was no statutory...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in deciding that the non-renewal of the staff member¡¯s contract was unlawful. Ä¢¹½ÊÓƵAT held that the staff member was aware that a high school diploma was an essential qualification. Ä¢¹½ÊÓƵAT held that his contract was conditional upon him producing proof of this qualification. Ä¢¹½ÊÓƵAT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. Ä¢¹½ÊÓƵAT agreed with the Secretary-General¡¯s submission that the decision not to renew was neither...

Ä¢¹½ÊÓƵAT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was the body best placed to assess a candidate¡¯s chance of selection for placement on the roster. Ä¢¹½ÊÓƵAT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin Ä¢¹½ÊÓƵDT¡¯s assessment that the staff member¡¯s chances were not in the realm of the speculative. Ä¢¹½ÊÓƵAT held that there was no merit in the Secretary-General¡¯s cross...

Ä¢¹½ÊÓƵAT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. Ä¢¹½ÊÓƵAT held that, other than repeating his arguments before the Ä¢¹½ÊÓƵRWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that the claims of errors of fact on the part of Ä¢¹½ÊÓƵRWA DT, resulting in a manifestly unreasonable decision, were unsustainable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...

On appeal, Ä¢¹½ÊÓƵAT noted that the Appellant had acknowledged in a Memorandum from 6 July 2002 that he was driving after duty hours when the accident occurred. Ä¢¹½ÊÓƵAT held that the Appellant had failed to provide any documentary or other evidence to the contrary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact when it found that the Appellant was not on duty at the time of the accident and did not err in law when it determined he had no legal right to compensation under MTTI No. 6. Ä¢¹½ÊÓƵAT further held that Ä¢¹½ÊÓƵRWA DT did not make an error of law in discounting the Israeli court¡¯s evaluation of the Applicant...

Ä¢¹½ÊÓƵAT considered appeals by both the staff member and the Commissioner-General. Ä¢¹½ÊÓƵAT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. Ä¢¹½ÊÓƵAT held that termination was not disproportionate to the offence, taking into account that the staff member¡¯s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA...

The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. Ä¢¹½ÊÓƵAT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. Ä¢¹½ÊÓƵAT accordingly upheld the Secretary-General¡¯s appeal on receivability. Ä¢¹½ÊÓƵAT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, Ä¢¹½ÊÓƵAT found that the Secretary-General¡¯s refusal to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members¡¯ suitability for conversion. Ä¢¹½ÊÓƵAT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had made a significant error of law in concluding that the impugned decision was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that the appeal only addressed the award of material damages. Ä¢¹½ÊÓƵAT held that the staff member was entitled to one year¡¯s gross base salary apart from sick leave for the period of his certified illness. Ä¢¹½ÊÓƵAT held that the award of twelve months¡¯ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT dismissed...

Ä¢¹½ÊÓƵAT considered the appeal and allowed it in part. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. Ä¢¹½ÊÓƵAT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵRWA DT judgment under appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly determined that the application was not receivable. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish that Ä¢¹½ÊÓƵRWA DT had committed errors in law or fact in reaching its decision. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claim that he was denied legal representation was not made before Ä¢¹½ÊÓƵRWA DT, although it was a circumstance that was known to the Appellant at that time. Ä¢¹½ÊÓƵAT held that it would not permit the issue to be raised for the first time on appeal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

The Ä¢¹½ÊÓƵDT found that the Ä¢¹½ÊÓƵON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at Ä¢¹½ÊÓƵON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

With respect to the issue of classification of the Applicants¡¯ post at the S-3 level, the Ä¢¹½ÊÓƵDT found that the Applicants¡¯ claims regarding the Administration¡¯s decision not to proceed with their classification request were receivable. However, based on the evidence in this case¡ªincluding oral testimony as well as contemporaneous documents¡ªthe Applicants did not perform the same exact functions as their S-3 level colleagues. Accordingly, the Ä¢¹½ÊÓƵDT found that the Administration¡¯s decision not to proceed with the classification or reclassification of the Applicants¡¯ posts at the S-3 level was...