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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not exceed its jurisdiction by confirming that an appeal against the Order had no suspending effect and issuing a judgment on the merits while an appeal against the contested order was still pending with Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in declining to hold an additional case management discussion or to consider additional evidence as the Appellant failed to provide an adequate and convincing reason why his requests for further evidence or new case management discussion were not made earlier in the process as well as the relevancy of the evidence on the...

Ä¢¹½ÊÓƵAT held that the Appellant did not contest the decision to separate her from the Organisation, thus the SAB was not seized with her separation and her appeal on that issue was not receivable. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claims for compensation for pain, suffering, and medical expenses were beyond the scope of the case and therefore not receivable. Ä¢¹½ÊÓƵAT held that the IMO Secretary-General¡¯s decision to place the Appellant on sick leave was based on sound medical evidence which was not rebutted at the time and that there was no basis to set aside that decision. Ä¢¹½ÊÓƵAT held there was no basis...

Ä¢¹½ÊÓƵAT considered that the 1994 and 2018 requests made by the Appellant to change his date of birth were essentially the same requests. Ä¢¹½ÊÓƵAT recalled that the reiteration of an original administrative decision if repeatedly questioned, does not reset the clock with respect to the statutory timeline. Ä¢¹½ÊÓƵAT held that the statutory period during which the Appellant had to file a challenge to the 1994 decision expired in 1997. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in dismissing the application. On consideration of the Respondent¡¯s claim to award costs, Ä¢¹½ÊÓƵAT was not satisfied that the pursuit of the...

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s identity was probably known by the assessment panel at the time her test was marked. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s test was graded by the assessment panel after it had sent the transmittal memorandum to the Central Review Panel (CRP), creating the additional burden for the Appellant of having to persuade the assessment panel to change its original recommendation in the transmittal memorandum. Ä¢¹½ÊÓƵAT held that, as the candidates recommended in the transmittal memorandum did not have this additional burden, it could not be said that all candidates received equal...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s claim that the basis for the non-renewal decision was his unsuccessful application for a newly created post for which he had applied. Ä¢¹½ÊÓƵAT held that there was no evidence of the link between the decision not to renew his fixed-term appointment and his non-selection for the other post and considered that the timeline of events supported this. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its finding that the non-renewal decision was a separate matter from the then-ongoing selection exercise. On the Appellant¡¯s claim that the successive renewals of his appointment created an...

Ä¢¹½ÊÓƵAT held that a SPA can only be granted if the conditions of ST/AI/1999/17 are met, inter alia, that the staff member has been assigned to and discharged the full functions of a post which has been both classified and budgeted at a higher level, and that these prerequisites were not met. Ä¢¹½ÊÓƵAT held that the denial of the ex gratia payment was lawful. Ä¢¹½ÊÓƵAT held that the Administration did not commit any errors in exercising its discretion. Ä¢¹½ÊÓƵAT held that the denial of an ex gratia payment did not violate the principle of equal pay for equal value and did not constitute discrimination. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Garbo¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly rejected the Appellant¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Ahmad¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to reject Mr Ahmad¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to hold that Mr Gido¡¯s appointment was not terminated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have rescinded the decision placing him on SLWFP. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly rejected Mr Gido¡¯s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. Ä¢¹½ÊÓƵAT held that Mr...

Ä¢¹½ÊÓƵAT held that all of the Appellant¡¯s grounds of appeal failed, except for his challenge to the Ä¢¹½ÊÓƵRWA decision not to renew or extend the Appellant¡¯s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant¡¯s non-renewal or final extension, Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵRWA DT¡¯s reasoning and that Ä¢¹½ÊÓƵRWA was justified in deciding not to renew or extend his employment, noting that Ä¢¹½ÊÓƵRWA faced a massive financial shortfall...

Ä¢¹½ÊÓƵAT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. Ä¢¹½ÊÓƵAT waived the deadline for appeal and held the appeal to be receivable. Ä¢¹½ÊÓƵAT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before Ä¢¹½ÊÓƵDT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant¡¯s claims relating to the use of and access to the closed-circuit television (CCTV) video...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms Civic limited to the extent to which Ä¢¹½ÊÓƵDT dismissed her claim of compensation for pecuniary damage (loss of opportunity). On loss of opportunity, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err when it found that the irregularity of cancelling the Appellant¡¯s performance appraisal and the failure to promptly issue another one did not suffice to demonstrate a significant chance or realistic prospect of her retaining another position within the Organisation. Ä¢¹½ÊÓƵAT held that the irregularity was inconsequential for the purposes of the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in attaching no weight to the medical evidence and in finding that the disciplinary measure imposed was based on an incorrect determination of the nature and gravity of the assault. Ä¢¹½ÊÓƵAT held that there were other more important factors to consider, including the fact that the Appellant was a staff member in charge of local security and that his conduct was an abuse of authority and oppressive of a local inhabitant. Ä¢¹½ÊÓƵAT recalled that the test of proportionality required a comparison between the misconduct and the sanction, not the investigation and disciplinary...

Ä¢¹½ÊÓƵAT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. Ä¢¹½ÊÓƵAT noted that the Appellant had had access to the Inspira Applicant¡¯s Manual and World Higher Education Database, which was embedded into Inspira. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that Ä¢¹½ÊÓƵDT failed to implement the Ä¢¹½ÊÓƵAT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. Ä¢¹½ÊÓƵAT further affirmed Ä¢¹½ÊÓƵDT¡¯s position that the Appellant¡¯s request for management evaluation was time-barred. Ä¢¹½ÊÓƵAT, however, noted that Ä¢¹½ÊÓƵDT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. Ä¢¹½ÊÓƵAT further noted that this error by Ä¢¹½ÊÓƵDT did not adversely affect...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit any errors in procedure, fact, or law and correctly dismissed the motion for an extension of time to file an application against the contested decision. Ä¢¹½ÊÓƵAT held that the application was not receivable ratione materiae, as the Appellant had not submitted a timely request for management evaluation and she was not exempted from doing so. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant¡¯s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of law or fact in dismissing the Appellant¡¯s challenge of the decision not to consider or select him for the position. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the...

Ä¢¹½ÊÓƵAT held that there was nothing in the applicable law in force at the time of the events which formed a basis for the Administration¡¯s practice of removing the candidates¡¯ names from the language roster once they had been recruited or placed against a position. Ä¢¹½ÊÓƵAT held that the removal of a candidate from the roster prevented the Administration from evaluating and reassigning or selecting a candidate for a similar post in another duty station. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s removal from the roster adversely impacted his potential ability for mobility and for obtaining additional incentives...

Ä¢¹½ÊÓƵAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before Ä¢¹½ÊÓƵDT for its consideration, Ä¢¹½ÊÓƵAT should not consider them. Ä¢¹½ÊÓƵAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant¡¯s fixed-term appointment. Ä¢¹½ÊÓƵAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

On the Applicant¡¯s claim that Ä¢¹½ÊÓƵDT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusions were consistent with the evidence. Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the...