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Ä¢¹½ÊÓƵAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that Ä¢¹½ÊÓƵRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s determination as to the limits of its jurisdiction. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT recalled that Ä¢¹½ÊÓƵAT expressly held in Mmata (judgment No. 2010-Ä¢¹½ÊÓƵAT-092) that Article 10. 5 of the Ä¢¹½ÊÓƵDT Statute limited the total of all compensation to the equivalent of two years¡¯ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. Ä¢¹½ÊÓƵAT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against judgment Nos. Ä¢¹½ÊÓƵDT/2011/209 (on liability) and Ä¢¹½ÊÓƵDT/2012/062 (on relief). Ä¢¹½ÊÓƵAT held that there was no evidence to support the Ä¢¹½ÊÓƵDT¡¯s conclusion that, had the Ä¢¹½ÊÓƵ Staff Pension Committee (Ä¢¹½ÊÓƵSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. Ä¢¹½ÊÓƵAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT held that, absent a request for waiver or extension of the time limits as well as any factors that would qualify as exceptional circumstances, the appeal was time-barred. Ä¢¹½ÊÓƵAT dismissed the appeal as not receivable.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, Ä¢¹½ÊÓƵAT found no merit in the ground of appeal related to claimed errors in procedure on the part of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the Ä¢¹½ÊÓƵDT¡¯s conclusion that the decision to cancel the vacancy announcement was lawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. Ä¢¹½ÊÓƵAT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. Ä¢¹½ÊÓƵAT noted that this delay worked in Mr Nasrallah¡¯s favour, permitting him to benefit from two years¡¯ further service. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that there was no merit in the appeal as Ä¢¹½ÊÓƵDT correctly concluded that applications to Ä¢¹½ÊÓƵDT were only receivable if the applicant had previously submitted the contested administrative decision for management evaluation and that management evaluation was a mandatory first step. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that concern about a high-level manager¡¯s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. Ä¢¹½ÊÓƵAT noted that it was well within the discretion of Ä¢¹½ÊÓƵDT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. Ä¢¹½ÊÓƵAT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in awarding moral damages of USD 25,000. Ä¢¹½ÊÓƵAT held there was no merit in...

Ä¢¹½ÊÓƵAT held that neither Article 11 of the Ä¢¹½ÊÓƵAT Statute nor Article 2(7)(b) of the Ä¢¹½ÊÓƵDT Statute conferred any jurisdiction to hear an application for revision of a judgment of the former Ä¢¹½ÊÓƵ Administrative Tribunal. Ä¢¹½ÊÓƵAT held that the application before Ä¢¹½ÊÓƵDT was not receivable because Ä¢¹½ÊÓƵDT had no jurisdiction to hear the application. Ä¢¹½ÊÓƵAT held that, while it confirmed the Ä¢¹½ÊÓƵDT¡¯s conclusion, it found that Ä¢¹½ÊÓƵDT, in reaching its conclusion, relied on the wrong reasons and failed to follow the binding jurisprudence of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held, without examining the merits, that a staff member cannot create a platform to re-open the possibilities of challenging an administrative decision not impugned at the time it was issued for reasons that did not exist at that time. Ä¢¹½ÊÓƵAT held that the reconsideration sought by the Appellant was based on the analysis of administrative decisions that had no direct or particular effects on him, but on other staff members. On the allegation that a second decision was taken at a later date, Ä¢¹½ÊÓƵAT held that it was nothing more than a consequence of the earlier decision, which had already been...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that there was no breach of Mr Powell¡¯s due process rights at the preliminary investigation stage. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT findings in paragraphs 86 and 106 of the...

Ä¢¹½ÊÓƵAT considered that: the Appellant had responded in the negative to two questions about his experience in the pre-screening questions, but that he was long-listed; Ä¢¹½ÊÓƵDT had decided that the hiring manager did not commit a procedural error in not evaluating all candidates, but took into consideration the objective criteria i. e. the years of experience required; the Administration was in a position to justify its decisions as not arbitrary; and the Appellant failed to meet his burden of proving the alleged discrimination. Ä¢¹½ÊÓƵAT held that the appeal expressed disagreement with the impugned...

On the Appellant¡¯s argument that the selected candidate was ineligible for consideration or selection on the basis that his tenure on the roster had expired (as per former administrative instruction ST/AI/2006/3/Rev. 1) and in the absence of specific guidelines, Ä¢¹½ÊÓƵAT took note of the human resources practice of recognising as eligible all rostered candidates whose names were on the roster on the date of the opening of the vacancy announcement for the post. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly concluded that, given the existence of this practice, the successful candidate¡¯s eligibility was covered by...

Ä¢¹½ÊÓƵAT noted that the Appellant merely repeated arguments submitted before Ä¢¹½ÊÓƵDT and recalled that an appellant has the burden of satisfying Ä¢¹½ÊÓƵAT that the Ä¢¹½ÊÓƵDT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. Ä¢¹½ÊÓƵAT held that Secretary-General¡¯s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. Ä¢¹½ÊÓƵAT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for...

Ä¢¹½ÊÓƵAT held that the grounds for appeal were not substantiated. Ä¢¹½ÊÓƵAT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s reasonable decision to accept the opinions of the attending doctor at the hospital and the Ä¢¹½ÊÓƵIFIL Chief Medical Officer concerning the approximate time of Mr McKay¡¯s death being some hours prior to Mr McKay arriving at the hospital. Ä¢¹½ÊÓƵAT held that it was correct to conclude, as Ä¢¹½ÊÓƵDT did, that, regardless of any deficiency...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and exceeded its competence by awarding compensation for distress without a previous claim for damages. Ä¢¹½ÊÓƵAT noted that Mr Debebe¡¯s claim before the Joint Appeals Board (JAB) had been limited to material or pecuniary damages related solely to remuneration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not have jurisdiction to award compensation for moral damage. Ä¢¹½ÊÓƵAT allowed the appeal and vacated the Ä¢¹½ÊÓƵDT judgment to the extent that it awarded compensation for moral damages.

As a preliminary issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. Ä¢¹½ÊÓƵAT held that another significant irregularity took place during the proceedings before Ä¢¹½ÊÓƵRWA DT, in light of which Ä¢¹½ÊÓƵAT was compelled to annul the judgment and remand the case for a de novo consideration by a different Ä¢¹½ÊÓƵRWA DT Judge, namely that Ä¢¹½ÊÓƵRWA DT committed an error in procedure when it denied the Appellant¡¯s request for a copy of the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no nexus between the emotional distress of preparing for the exam and the impugned decision as the preparation took place prior to the decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that the contradictory information received by Ms Mirkovic and the lack of responses from the Chief of the Examinations and Tests Section added to her stress and injury was not supported by the facts, noting that written confirmation of what the Chief had told her was not required in order for her to request management evaluation. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered two appeals by Ms Perelli, against judgment Nos. Ä¢¹½ÊÓƵDT/2012/034 and Ä¢¹½ÊÓƵDT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, Ä¢¹½ÊÓƵAT held that these procedural steps were part of her due process entitlements and, to the extent that Ä¢¹½ÊÓƵDT found the Administration to have respected these procedural steps, Ä¢¹½ÊÓƵAT upheld the finding of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. Ä¢¹½ÊÓƵAT held that Ms Perelli was...

Ä¢¹½ÊÓƵAT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s failure to object to the Respondent¡¯s late reply before Ä¢¹½ÊÓƵRWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant¡¯s claim that Ä¢¹½ÊÓƵRWA DT erred when it did not permit him to file a rejoinder to the Respondent¡¯s reply, Ä¢¹½ÊÓƵAT held that since the Appellant did...