Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by Ä¢¹½ÊÓƵAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required Ä¢¹½ÊÓƵAT to revise its judgment. Ä¢¹½ÊÓƵAT held that neither the remand order of Ä¢¹½ÊÓƵAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

A telephone conversation that was suggestive of gender discrimination in the decision-making process and was raised by the Appellant in his application was ignored by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵDT made an error in the procedure by failing to hold an oral hearing where witnesses could testify about that conversation. Ä¢¹½ÊÓƵAT remanded the matter back to a different judge of the Ä¢¹½ÊÓƵDT for the production of further evidence, additional findings of fact, and the issuance of a new judgment.

Ä¢¹½ÊÓƵDT did not err in law or in fact when it found that the decision to abolish the post was lawful. However, in not providing reasons for its decision to commute the six-month notice period into compensation, the Organisation failed in its duty to demonstrate that its discretion was not exercised arbitrarily, capriciously, or unlawfully. The Administration failed to meet its burden to minimally demonstrate that the Appellant was given full and fair consideration. The Administration acted arbitrarily and thus failed to exercise its discretion lawfully. The termination of the Appellant¡¯s...

Ä¢¹½ÊÓƵAT held that exceptional circumstances existed which warranted an extension of time. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s discretion should have been exercised in the Appellant¡¯s favour because it affected access to justice and there is a presumption that access to justice should not be denied at the outset without compelling reasons, which were absent. Ä¢¹½ÊÓƵAT held that circumstances beyond the Appellant¡¯s control prevented him from acting to file his appeal within the time limit and it would be unjust to visit upon the Appellant the consequences of an error (a fail in the electronic filing system) for which...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in declining the Appellant¡¯s implicit request for a hearing in person, at least without having considered it and given reasons. Ä¢¹½ÊÓƵAT held that the termination of the Appellant¡¯s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. Ä¢¹½ÊÓƵAT held that any opportunity of the Appellant¡¯s appointment to that vacancy had therefore passed, irrespective of her...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s language, which was strongly critical of the Appellant, was unwarranted. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration¡¯s discretion, as the Appellant no longer met the requirements for it. Ä¢¹½ÊÓƵAT held that the discontinuation of the SPA was justified in view of the Administration¡¯s obligation and right to correct such an erroneous situation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that there was no express rescission of the impugned decision by the Administration. Ä¢¹½ÊÓƵAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. Ä¢¹½ÊÓƵAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its decision, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the matter to Ä¢¹½ÊÓƵDT for proper...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion lawfully to consolidate the cases. Ä¢¹½ÊÓƵAT held that the impugned decisions were taken in good faith and on a reasonable basis. Ä¢¹½ÊÓƵAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew the Limited Duration Contracts at the time. Ä¢¹½ÊÓƵAT held that the Appellants' argument with regard to their acquired rights being violated was without merit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the Appellants failed to specifically identify the errors allegedly committed by the Ä¢¹½ÊÓƵRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. Ä¢¹½ÊÓƵAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...

Ä¢¹½ÊÓƵAT considered an application for execution of judgment No. 2017-Ä¢¹½ÊÓƵAT-798 by Mr. Dibs. Ä¢¹½ÊÓƵAT granted in part the application for execution of judgment and ordered Ä¢¹½ÊÓƵRWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. Ä¢¹½ÊÓƵAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.

Ä¢¹½ÊÓƵAT considered two appeals (consolidated) by Mr ElShanti of judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/051 and judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/065 respectively. On the consolidation of the cases, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party¡¯s right to produce evidence. Accordingly, Ä¢¹½ÊÓƵAT rejected Mr ElShanti¡¯s arguments against consolidation. Ä¢¹½ÊÓƵAT held that there was no merit to Mr ElShanti¡¯s claims that the characterization of the impugned administrative decision was incorrect, noting that Ä¢¹½ÊÓƵRWA...

Ä¢¹½ÊÓƵAT denied the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held, recalling the Spinardi jurisprudence (judgment No. 2019-Ä¢¹½ÊÓƵAT-957), that the decision on the Appellant¡¯s complaints was not made utilizing a neutral first instance process as required jurisdictionally by Article 2. 10 of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT noted that the appealed decision was made by the ICAO Secretary-General whose own earlier decision(s) the Appellant had challenged. Ä¢¹½ÊÓƵAT allowed the appeal and set aside the ICAO Secretary-General¡¯s and/or the AJAB¡¯s...

Ä¢¹½ÊÓƵAT held that the reason upon which Ä¢¹½ÊÓƵDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. Ä¢¹½ÊÓƵAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by Ä¢¹½ÊÓƵDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

As a preliminary matter, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion in consolidating the cases lawfully and appropriately. Ä¢¹½ÊÓƵAT held the impugned decision was taken in good faith and on a reasonable basis. Ä¢¹½ÊÓƵAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. Ä¢¹½ÊÓƵAT held that the Appellants¡¯ claim that their acquired rights were violated was without merit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. Ä¢¹½ÊÓƵAT held that the established facts amounted to misconduct on the part of Mr. Nyawa. Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵDT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT¡¯s holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting Ä¢¹½ÊÓƵAT intervention...

Ä¢¹½ÊÓƵRWA DT did not err in its determinations or award of moral damages, which was a reasonable amount in the circumstances. Ä¢¹½ÊÓƵRWA DT did not err in deciding not to order any material damages. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly concluded that Ä¢¹½ÊÓƵRWA had failed to provide sufficiently clear, precise, and intelligible reasoning and had not acted lawfully, reasonably, and fairly. Ä¢¹½ÊÓƵAT held that once a staff member was eligible for EVR in accordance with paragraph 8 of Area Staff Rule 109. 2, paragraph 9 became applicable and its text was clear. Ä¢¹½ÊÓƵAT held that Mr. El Madhoun was eligible for EVR and it was not established that budgetary constraints were either ground for rejecting his request for EVR or for not withdrawing his notice...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion to consolidate the cases lawfully and appropriately. Ä¢¹½ÊÓƵAT held that there was a bona fide reason to restructure and that it was operationally rational to abolish the posts and reclassify them from full-time to part-time posts at that time. Ä¢¹½ÊÓƵAT held that the Appellants¡¯ contention that their acquired rights were violated had no merit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered an application revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-936 by Mr Diallo. Ä¢¹½ÊÓƵAT held that Mr Diallo failed to establish the statutory conditions that had to be fulfilled before a judgment could be revised, namely there was no discovery of a decisive fact which was, at the time the judgment was rendered, unknown to Ä¢¹½ÊÓƵAT and to him. Ä¢¹½ÊÓƵAT held that an application for revision of a judgment that does not meet the statutory prerequisites cannot be a collateral means of attack on the judgment or allowed to be the second right of final appeal. Ä¢¹½ÊÓƵAT dismissed the application for revision.

Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the Ä¢¹½ÊÓƵRWA Commissioner-General acted unreasonably. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.