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Art. 8.1(i) of the Ä¢¹½ÊÓƵDT Statute provides that in cases where a management evaluation of the contested decision is required, as in this case, an application shall be receivable if it is filed within the statutory time-limits. A staff member who has received an adverse decision about a claim cannot purport to unilaterally withdraw it and resubmit it with allegedly new evidence to attempt to have a new decision. In this case, there is not even new evidence. There would never be finality or certainty in respect of any decision if this were to be permitted. Such conduct, aimed at resetting the time...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. Ä¢¹½ÊÓƵAT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant¡¯s unauthorised absence from duty. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in distinguishing Abdallah (judgment No. 2010-Ä¢¹½ÊÓƵAT-091) from the present case. Ä¢¹½ÊÓƵAT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...

Ä¢¹½ÊÓƵAT held that the appeal was entirely without merit. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. Ä¢¹½ÊÓƵAT affirmed, albeit for different reasons, Ä¢¹½ÊÓƵDT¡¯s final legal conclusion that the Applicant¡¯s application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that there was no reviewable administrative decision in the Appellant¡¯s application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...

On the delay before Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT agreed that the delay was unfortÄ¢¹½ÊÓƵATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. Ä¢¹½ÊÓƵAT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the issue of whether the staff member¡¯s application was pre-screened by a Human Resources Officer was irrelevant in determining whether his candidature received full and fair consideration. On the basis that Ä¢¹½ÊÓƵDT failed to enquire as to what options were available to the staff member on Inspira at the time of application, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s findings that Inspira did not reflect the variety of the educational system of all the Member States equally and that the staff member¡¯s candidature had not been afforded full and fair...

Ä¢¹½ÊÓƵAT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, Ä¢¹½ÊÓƵAT concluded that under the express terms of Articles 34 and 35, the former staff member¡¯s spouse was not entitled to a survivor¡¯s benefit. Nonetheless, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that Ä¢¹½ÊÓƵDT¡¯s conclusion was consistent with the evidence. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. Ä¢¹½ÊÓƵAT held that the facts underpinning the administrative decision to issue the staff member a...

Ä¢¹½ÊÓƵAT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. Ä¢¹½ÊÓƵAT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. Ä¢¹½ÊÓƵAT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the Appellant did not fall under any of the categories of potential applicants and had no legal standing before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that, accordingly, the Appellant had no standing before Ä¢¹½ÊÓƵAT and therefore Ä¢¹½ÊÓƵAT had no competence to address the merits of her claims. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the Ä¢¹½ÊÓƵRWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s ground of appeal was without merit. Ä¢¹½ÊÓƵAT held that the Commissioner-General was obliged to calculate the Appellant¡¯s retirement benefits in accordance with the new Staff Rule and did so correctly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit any error of fact and law in arriving at its decision. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence in reviewing Mr Omwanda¡¯s EOD date, as it was not subject to a timely request for management evaluation. Ä¢¹½ÊÓƵAT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. Ä¢¹½ÊÓƵAT held Ä¢¹½ÊÓƵDT was statutorily barred from hearing Mr Omwanda¡¯s application. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵDT¡¯s finding that Ms. Koduru¡¯s testimony was not compelling enough to serve as a basis for an award of moral damages. Ä¢¹½ÊÓƵAT rejected Ms. Koduru¡¯s request for costs. Ä¢¹½ÊÓƵDT dismissed the appeal and the cross-appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.
Accountability referral: The Ä¢¹½ÊÓƵAT...

Ms Rockcliffe filed an application for execution of Ä¢¹½ÊÓƵAT judgment No. 2017-Ä¢¹½ÊÓƵAT-807. Ä¢¹½ÊÓƵAT held that the crux of the matter for determination was whether Ms Rockcliffe¡¯s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of Ä¢¹½ÊÓƵAT¡¯s order in the judgment. Ä¢¹½ÊÓƵAT held that, although Ä¢¹½ÊÓƵAT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. Ä¢¹½ÊÓƵAT held that it was egregious that Ä¢¹½ÊÓƵJSPF re-submitted that the previous decision not to give Ms Rockcliffe...

Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, Ä¢¹½ÊÓƵAT held that there was a substantial variation or a striking disparity between the award made by Ä¢¹½ÊÓƵDT and the award that Ä¢¹½ÊÓƵAT considered ought to have been made. Ä¢¹½ÊÓƵAT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or fact in denying moral damages, as there was no corroborating...

Ä¢¹½ÊÓƵAT considered Mr Newland¡¯s application for interpretation of judgment No. 2018-Ä¢¹½ÊÓƵAT-820. Ä¢¹½ÊÓƵAT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. Ä¢¹½ÊÓƵAT accepted that there was a degree of uncertainty regarding these questions. Ä¢¹½ÊÓƵAT held that Mr Newland¡¯s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led Ä¢¹½ÊÓƵRWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. Ä¢¹½ÊÓƵAT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. Ä¢¹½ÊÓƵAT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. Ä¢¹½ÊÓƵAT held that there was no rule requiring...

Ä¢¹½ÊÓƵAT considered Article 34 of the Ä¢¹½ÊÓƵJSPF Regulations which provides that a widow¡¯s benefit will be payable to the surviving spouse of a participant who was entitled to a retirement benefit at the date of his death if she was married to the deceased at the date of his separation from service and remained married to him until his death. In accordance with general principles of private international law, the validity of a marriage must be assessed and determined in accordance with the law of the place where the marriage was celebrated, being the law of the Philippines. The Supreme Court of the...

Ä¢¹½ÊÓƵAT had before it an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill ¡°some¡± staff members. Ä¢¹½ÊÓƵAT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also erred in law and fact when it concluded that threat was not serious...

The Secretary-General appealed Ä¢¹½ÊÓƵDT¡¯s finding that the contested decisions to abolish Ms Nouinou¡¯s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. Ä¢¹½ÊÓƵAT held that there was no administrative decision to terminate Ms Nouinou¡¯s contract prior to its expiration and...

The Ä¢¹½ÊÓƵDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, Ä¢¹½ÊÓƵAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that Ä¢¹½ÊÓƵDT had committed any error of fact or law in arriving at its decision. Ä¢¹½ÊÓƵAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, Ä¢¹½ÊÓƵAT found no reason to differ from the Ä¢¹½ÊÓƵDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...