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The Ä¢¹½ÊÓƵAT dismissed the interlocutory appeal as not receivable on grounds that the Ä¢¹½ÊÓƵDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The Ä¢¹½ÊÓƵAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier Ä¢¹½ÊÓƵAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The Ä¢¹½ÊÓƵAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

The Secretary-General filed an appeal.

Ä¢¹½ÊÓƵAT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS¡¯s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse¡¯s insistence on working only...

Ä¢¹½ÊÓƵAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. Ä¢¹½ÊÓƵAT found no merit in Mr. Kilauri¡¯s contention that the Ä¢¹½ÊÓƵDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Mr. Moulana appealed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵATnoted that the Ä¢¹½ÊÓƵDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the Ä¢¹½ÊÓƵDT found he failed to provide. Therefore...

Mr. Pierre filed an appeal. Ä¢¹½ÊÓƵAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. Ä¢¹½ÊÓƵAT also found that Mr. Pierre had not provided sufficient evidence that the...

The application is not receivable ratione temporis as time-barred.

The sensitive nature of the sexual harassment allegations and the fact that the victim may be easily identified by the factual circumstances surrounding the case constitute exceptional circumstances that warrant granting anonymity.

The Complainant¡¯s account of facts in relation to the relevant incidents is credible and reliable. The Applicant failed to adduce any evidence that could have undermined the credibility of the Complainant¡¯s evidence. There is no evidence of ulterior motives on the part of the Complainant.

The Administration succeeded in discharging its burden of proof to show that...

The Commissioner-General appealed.

The Ä¢¹½ÊÓƵAT held that insofar as the Agency's decision of 25 April 2019 rejecting the request for an SPOA might not have been unequivocal, that decision was reiterated in the e-mail of 17 June 2019 leaving no doubt that the Agency had decided then to pay Ms. Abou Salah an SPOA of 15 per cent rather than 25 per cent, possibly in breach of her contract. The fact that other persons subsequently sought to intervene on her behalf did not change that.

The Ä¢¹½ÊÓƵAT found that Ms. Abou Salah¡¯s subsequent correspondence, as well as correspondence written on her behalf...

Mr. Russo-Got appealed. The Ä¢¹½ÊÓƵAT held that the evidence incontrovertibly established that Mr. Russo-Got had failed to challenge any blacklisting decision in his request for management evaluation. Moreover, while the application contained references to several posts for which he had applied and had not been selected, he did not request management evaluation of any selection decision nor did he appeal any particular selection decision in his application to the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT accordingly had not erred in finding that the claims in the application regarding the alleged...

Ms. Specker appealed. The Ä¢¹½ÊÓƵAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The Ä¢¹½ÊÓƵAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

The Ä¢¹½ÊÓƵAT held that because the possible error in the assessment of the facts by the Ä¢¹½ÊÓƵDT had no bearing on the outcome of the case, the Secretary-General¡¯s cross-appeal could not be received.

The Ä¢¹½ÊÓƵAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying ¡°no¡± to the question whether he had ¡°ever been indicted, fined or imprisoned for the violation of...

The contested decision impacted the Applicant¡¯s terms of appointment or contract of employment. It had a negative impact on the Applicant¡¯s legal situation vis-¨¤-vis his employer and on his ability to properly plan his professional life. It also altered the reason for the Applicant¡¯s separation from service from termination of contract due to abolishment of post to non-renewal. Consequently, the application is receivable ratione materiae.

There is no evidence confirming the alleged operational needs justifying the contested decision to keep the Applicant beyond 31 May 2021. There is enough...

On anonymization Article 11.6 of the Tribunal¡¯s Statute provides in its relevant part that its judgments shall be published while protecting personal data. A similar provision is contained in art. 26.2 of the Tribunal¡¯s Rules of Procedure. Given that the present case relies on medical evidence to support a claim for moral harm, the Tribunal finds that it is reasonable to redact the Applicant¡¯s name from this judgment. On the merits Based on the evidence on record, the Tribunal concluded the following. First, the Tribunal found that the two charges against the Applicant were established as per...

The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT erred in considering that the different periods of ALWOP on which Mr. Okwakol was placed, were the subject of a single and continuing administrative decision. The Ä¢¹½ÊÓƵAT held that each of the three identifiable periods was the subject of consideration or reconsideration of the circumstances at that time. On each occasion, the Organisation took a decision about the state of the misconduct investigation and its ongoing nature and advised Mr. Okwakol accordingly. It was not decisive or even material that the renewals of the ALWOP were referred to as extensions of...

Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵJSPB decision.

Ä¢¹½ÊÓƵAT recalled that at the time of Mr. Arigon¡¯s entry into participation in 2002, Article 24 did not allow him the option to restore his prior contributory service because that option was limited to participants whose previous period of contributory service was less than five years and who had received a withdrawal settlement; neither of which applied to him. When the 2007 amendment to Article 24 was introduced, he had a one-year window, from 1 April 2007 to 1 April 2008, during which he could elect to restore his prior period of...

The Ä¢¹½ÊÓƵAT considered an appeal by the Ä¢¹½ÊÓƵRWA staff members. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT was incorrect in finding that the reminder letters were not reprimands for the purposes of Appellants being able to challenge the letters¡¯ placement in their official status files. This was because such a reminder could not be considered a neutral action, but rather a warning of any possible disregard of the Agency¡¯s regulatory framework. The Ä¢¹½ÊÓƵAT found that to the eyes of an average person, such a reminder is undeniably akin to a reprimand.

The Ä¢¹½ÊÓƵAT agreed with the Appellants that there is no Ä¢¹½ÊÓƵRWA...

Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT Judgment. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.

Ä¢¹½ÊÓƵAT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency. An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...

AAF appealed.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The Ä¢¹½ÊÓƵAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member¡¯s due process rights, namely his or her possibility of challenging the administrative decision before the Ä¢¹½ÊÓƵDT. As the Secretary-General had...

Procedural issue: anonymity In the present case, the sensitive information regarding the Applicant¡¯s medical history and his mental health status constitutes exceptional circumstances that warrant granting anonymity. Therefore, the Applicant¡¯s name is anonymized in the present judgment. Scope of judicial review It is within the Tribunal¡¯s competence to hold a hearing or look at facts that were allegedly not before the decision-maker to determine whether relevant factors have been ignored. This is fundamentally different from a de novo investigation into the facts underlying the disciplinary...

The Ä¢¹½ÊÓƵAT first reviewed the Secretary-General¡¯s claim that the Ä¢¹½ÊÓƵDT erred in finding that Mr. Loto¡¯s application was receivable with respect to the entire period for which he was on ALWOP. The Secretary-General contended that Mr. Loto had timely challenged only an initial ALWOP decision, and not a subsequent decision when the ALWOP was extended. The Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s receivability argument, finding that the Secretary-General was estopped from raising it on appeal. The Ä¢¹½ÊÓƵAT observed that Mr. Loto had filed a request for management evaluation of the second ALWOP decision...