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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 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...

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...

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 Ä¢¹½ÊÓƵDT did not err by not considering the various provisions of Staff Rule 3. 18. Ä¢¹½ÊÓƵAT held that a staff member¡¯s failure to meet the requirements of either Annex IV or Staff Rule 3. 18 precluded the staff member from being eligible for a repatriation grant and, since the Appellant did not meet the requirement of Annex IV, that she relocate after separation from service, there was no need for Ä¢¹½ÊÓƵDT to consider whether she met the conditions for eligibility under Staff Rule 3. 18(c). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in determining the Appellant was not eligible for a repatriation...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General and a cross-appeal by Mr Jibara. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT lacked jurisdiction to decide on the scope of the Oslo Accords signed by Israel and the Palestinian National Authority or the legality of the detention and imprisonment. Ä¢¹½ÊÓƵAT recalled that it was not the role of Ä¢¹½ÊÓƵDT to substitute its own decision for that of the Administration. Ä¢¹½ÊÓƵAT recalled that, having established misconduct and the seriousness of the incident, Ä¢¹½ÊÓƵAT cannot review the level of a sanction imposed except in cases of obvious absurdity or flagrant arbitrariness. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT noted that appeals from Ä¢¹½ÊÓƵDT decisions on suspensions of action will only be receivable if Ä¢¹½ÊÓƵDT, in adjudicating such applications, exceeded its competence or jurisdiction. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s legal and factual reasoning fell entirely within its competence and jurisdiction. Ä¢¹½ÊÓƵAT held that, although the Appellant¡¯s claims addressed the merits of the Ä¢¹½ÊÓƵDT judgment, they did not amount to claims that the Ä¢¹½ÊÓƵDT exceeded its competence or jurisdiction. Ä¢¹½ÊÓƵAT held that the appeal was not receivable. Ä¢¹½ÊÓƵDT dismissed the appeal.

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.

Noting the broad discretion of Ä¢¹½ÊÓƵDT with respect to case management, Ä¢¹½ÊÓƵAT held that there was no merit in the contention that Ä¢¹½ÊÓƵDT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his ¡°evaluative past, including the issue of his performance appraisal¡±, Ä¢¹½ÊÓƵAT noted that these matters had been...

Ä¢¹½ÊÓƵAT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. Ä¢¹½ÊÓƵDT/2012/116. Ä¢¹½ÊÓƵAT held that the Appellant had not established any excess of jurisdiction or competence on the part of Ä¢¹½ÊÓƵDT; rather, his claims addressed the merits of the Ä¢¹½ÊÓƵDT decision. Ä¢¹½ÊÓƵAT noted that even if the Ä¢¹½ÊÓƵDT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the Ä¢¹½ÊÓƵDT...

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 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...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to Ä¢¹½ÊÓƵDT¡¯s competence with regards to the nature of the redress granted to Ms Farr. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence in ordering that Ms Farr¡¯s name be placed on the roster because the legal consequence of the annulment of the selection procedure was restricted to placing the staff member in the same position she would have been in if the illegality had not occurred. Ä¢¹½ÊÓƵAT held that, to afford Ms Farr proper redress, she should be allowed to take a second oral exam in French, with adequate assurances concerning the...

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2011-Ä¢¹½ÊÓƵAT-131 by Ms Cohen. Ä¢¹½ÊÓƵAT held that none of the grounds for revision set forth by Ms Cohen met the requirements of Article 11(1) of the Ä¢¹½ÊÓƵAT Statute or Article 24 of the Ä¢¹½ÊÓƵAT Rules of Procedure. Ä¢¹½ÊÓƵAT held that none of the grounds provided were new facts, but rather they were new legal arguments and an attempt by Ms Cohen to re-litigate her case and complain about Ä¢¹½ÊÓƵAT reducing the compensation awarded. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Ä¢¹½ÊÓƵAT considered Mr Gharemani¡¯s request for revision of judgment No. 2011-Ä¢¹½ÊÓƵAT-171. Ä¢¹½ÊÓƵAT held that the request was a disguised way to criticise the judgment or to expose grounds to disagree with it, following a style of cross-reference to other documents that made it mostly incomprehensible and indirectly violated the page limitation for such an application. Ä¢¹½ÊÓƵAT held that there was no reason why Mr Gharemani could not have filed his petition for revision within 30 days of the discovery of the facts as provided for in Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that the request was time-barred...

The decision was taken on the grounds that the Applicant had failed to submit the essay required by the vacancy announcement. The Applicant argued that the decision was taken in retaliation of his activities as staff representative. The Tribunal found that the decision not to convoke the Applicant to the examination was justified since he failed to submit the one-page essay in French, which was clearly an eliminatory requirement indicated in the vacancy announcement. The Ä¢¹½ÊÓƵDT further found that the Applicant did not submit evidence in support of his claim that the decision was taken in...

The decision was taken on the grounds that the Applicant did not fulfill the educational requirements. The Applicant argued that the decision was made in retaliation of his activities as staff representative. The Ä¢¹½ÊÓƵDT found that the decision was illegal since documentary evidence showed that the Administration applied the notion of ¡°public administration¡± randomly and that based on the Applicant¡¯s educational credentials, he ought to have been invited to participate in the examination in question. The Ä¢¹½ÊÓƵDT found that the Applicant did not submit conclusive evidence that the decision was...

The Applicants argue that the facts were not established and that their actions did not amount to misconduct, since they were acting in self-defense or in defense of someone else. The Tribunal noted that video evidence, i.e. hotel security camera footage, constituted the only reliable evidence to establish the facts in the instant case and concluded that the Applicants, who were on an official mission at the material time, initiated the dispute and the physical altercation and did not act in self-defense when they assaulted a security guard. Accordingly, the Ä¢¹½ÊÓƵDT found that the facts...

The Ä¢¹½ÊÓƵDT found that, having waited for approximately one year and a half to raise claims regarding the alleged lack of access to the United Nations cafeteria facilities, the Applicant acquiesced to the arrangements put in place by the Respondent in view of the renovation-related requirements. The Ä¢¹½ÊÓƵDT further found that, in view of the CMP-related requirements that necessitated the move to the Madison Building, the Respondent put in place alternative measures that were neither unreasonable nor unfair. The Ä¢¹½ÊÓƵDT rejected the application.