Juge Faherty | SYST?ME D?ADMINISTRATION DE LA JUSTICE

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that 罌厭弝ⅰDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 罌厭弝ⅰAT held that 罌厭弝ⅰDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

2014-罌厭弝ⅰAT-434, Beqai

27 Jun 2014

罌厭弝ⅰAT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. 罌厭弝ⅰAT held that, other than repeating his arguments before the 罌厭弝ⅰRWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. 罌厭弝ⅰAT held that the claims of errors of fact on the part of 罌厭弝ⅰRWA DT, resulting in a manifestly unreasonable decision, were unsustainable. 罌厭弝ⅰAT held that 罌厭弝ⅰRWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...

2014-罌厭弝ⅰAT-423, Bastet

2 Avr 2014

罌厭弝ⅰAT considered three appeals by Mr Bastet against Order No. 96 (NY/2013), Order No. 58 (GVA/2013)), and Order No. 160 (GVA/2013). Regarding 罌厭弝ⅰDT Order No. 96 (NY/2013), 罌厭弝ⅰAT held that the decision to transfer the Appellant＊s case to Geneva fell squarely within the jurisdiction and competence of 罌厭弝ⅰDT. Regarding the second complaint, namely that 罌厭弝ⅰDT exceeded its competence and/or erred in law, fact, or procedure in restricting disclosure of documents and witnesses, 罌厭弝ⅰAT held that to order, or not to order certain documents also fell within the discretion of 罌厭弝ⅰDT. 罌厭弝ⅰAT held that the Appellant...

2014-罌厭弝ⅰAT-417, Luvai

2 Avr 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that no reasonable or objective analysis of Mr Luvai＊s submissions to management, prior to his application to 罌厭弝ⅰDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by 罌厭弝ⅰDT. 罌厭弝ⅰAT held that 罌厭弝ⅰDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai＊s firearm licence, 罌厭弝ⅰDT exceeded its competence. 罌厭弝ⅰAT held that 罌厭弝ⅰDT...

2014-罌厭弝ⅰAT-415, Santos

2 Avr 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. As a preliminary matter, 罌厭弝ⅰAT rejected the request for an oral hearing finding there was no need for further clarification. 罌厭弝ⅰAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member＊s conversion to permanent appointment did not give 罌厭弝ⅰDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. 罌厭弝ⅰAT held that it was not within 罌厭弝ⅰDT＊s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...

2014-罌厭弝ⅰAT-410, Igbinedion

2 Avr 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that 罌厭弝ⅰDT did not act lawfully in issuing an order in direct contravention of the established 罌厭弝ⅰAT jurisprudence. However, 罌厭弝ⅰAT also held that parties before 罌厭弝ⅰDT must obey its binding decisions and that a decision by 罌厭弝ⅰDT remained legally valid until such time as 罌厭弝ⅰAT vacated it. 罌厭弝ⅰAT held that the Secretary-General＊s refusal to comply with 罌厭弝ⅰDT＊s order was vexatious. 罌厭弝ⅰAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. 罌厭弝ⅰAT upheld the appeal in part.

Accountability Referral: The 罌厭弝ⅰAT...

2014-罌厭弝ⅰAT-404, Bauza Mercere

2 Avr 2014

罌厭弝ⅰAT held that there was no reason to interfere with 罌厭弝ⅰDT＊s finding that the Appellant had not established the existence of a decision capable of giving 罌厭弝ⅰDT jurisdiction to embark upon a consideration of his complaints. 罌厭弝ⅰAT held that 罌厭弝ⅰDT had correctly determined that the application was not receivable ratione materiae. 罌厭弝ⅰAT held that 罌厭弝ⅰDT should not have embarked on a consideration of substantive issues, such as staff consultations and discrimination arguments, but instead should have confined itself to the issue of receivability. 罌厭弝ⅰAT dismissed the appeal with regard to the receivability...

2014-罌厭弝ⅰAT-396, Robineau

2 Avr 2014

罌厭弝ⅰAT was persuaded for reasons of equity and good faith by the Appellant＊s arguments rather than those put forward by the Secretary-General, although it did not accept the entirety of the Appellant＊s arguments on the discontinuation issue. 罌厭弝ⅰAT held that in failing to give due consideration to the arguments raised by the Appellant regarding the years 1989 to 1997, 罌厭弝ⅰDT erred in law in retroactively applying former Staff Rule 104. 3 set forth in ST/SGB/2003/1 to the entirety of his service. 罌厭弝ⅰAT held that the Appellant was entitled to rely on the statutory provisions in force when he last...

2013-罌厭弝ⅰAT-390, Wesslund

17 Oct 2013

罌厭弝ⅰAT considered a writ of mandamus from Ms Wesslund, who requested that 罌厭弝ⅰAT order 罌厭弝ⅰDT to accept her applications. 罌厭弝ⅰAT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against 罌厭弝ⅰDT Order No. 100 (NY/2013). 罌厭弝ⅰAT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to 罌厭弝ⅰAT for an extension or waive of the applicable time limits, 罌厭弝ⅰAT held that the appeal of the Order was not receivable ratione temporis. 罌厭弝ⅰAT dismissed the...

2013-罌厭弝ⅰAT-383, Bofill

17 Oct 2013

On the Appellant＊s claims of discriminatory and arbitrary practices, 罌厭弝ⅰAT did not find that 罌厭弝ⅰDT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and 罌厭弝ⅰDT＊s findings demonstrated that it took cognisance of all relevant information. 罌厭弝ⅰAT held that there was no error by 罌厭弝ⅰDT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. 罌厭弝ⅰAT held that 罌厭弝ⅰDT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...

2013-罌厭弝ⅰAT-373, Czaran

17 Oct 2013

罌厭弝ⅰAT held that the 罌厭弝ⅰDT judgment was not manifestly unreasonable in concluding that the date upon which the Appellant was on notice that he had received a response from the Management Evaluation Unit (MEU) or that it was his responsibility to read the MEU response as soon as possible. On the question of whether 罌厭弝ⅰDT erred in law and/or failed to exercise its jurisdiction in declining to consider the case on the merits, 罌厭弝ⅰAT held that, in the absence of a prior written request for a suspension or waiver of the time limit for filing his application, 罌厭弝ⅰDT was not competent to consider the issue...

2013-罌厭弝ⅰAT-367, Cranfield

17 Oct 2013

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that 罌厭弝ⅰDT erred in law in its determination. 罌厭弝ⅰAT held that there was no legal basis for 罌厭弝ⅰDT to bind the Administration to a 90-day statutory time limit. 罌厭弝ⅰAT held that it was not necessary to remand the case to 罌厭弝ⅰDT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 罌厭弝ⅰAT held that as of 30 June 2009, 罌厭弝ⅰAT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...

2013-罌厭弝ⅰAT-360, McIlwraith

17 Oct 2013

罌厭弝ⅰAT considered an appeal of judgment No. 罌厭弝ⅰDT/2012/131. 罌厭弝ⅰAT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. 罌厭弝ⅰDT/2012/131, as well as the staff members who appealed judgment No. 罌厭弝ⅰDT/2012/129 and judgment No. 罌厭弝ⅰDT/2012/130. 罌厭弝ⅰAT held that, since it had rescinded the 罌厭弝ⅰDT judgment against which the staff members appealed, the majority of their claims were rendered moot. 罌厭弝ⅰAT held that it's reasoning in Malmstr?m et al....

2013-罌厭弝ⅰAT-361, Ngoma-Mabiala

17 Oct 2013

罌厭弝ⅰAT considered an appeal by the Secretary-General limited to the discrete issue of the ※Observations§ of 罌厭弝ⅰDT. 罌厭弝ⅰAT held that the Secretary-General, despite being the beneficiary of a 罌厭弝ⅰDT judgment in his favour, was entitled to appeal the observations. 罌厭弝ⅰAT held that 罌厭弝ⅰDT overstepped the mark to a significant degree in effectively recording, as part of its judgment, ※Observations§ in the manner in which it did. 罌厭弝ⅰAT held that, in light of the 罌厭弝ⅰDT＊s determination on the issue of receivability, 罌厭弝ⅰDT had no jurisdiction to make ※Observations§ as it did. 罌厭弝ⅰAT allowed the appeal and ordered that...

2013-罌厭弝ⅰAT-358, Longone

17 Oct 2013

罌厭弝ⅰAT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 罌厭弝ⅰAT held that judgment No. 2013-罌厭弝ⅰAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 罌厭弝ⅰAT held that 罌厭弝ⅰDT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 罌厭弝ⅰDT decision on that basis and upheld the Secretary-General＊s appeal on that issue; 罌厭弝ⅰAT held that each candidate for permanent appointment...

2013-罌厭弝ⅰAT-359, Ademagic et al. and McIlwraith

17 Oct 2013

罌厭弝ⅰAT considered an appeal by the Secretary-General and an appeal Ademagic et al. 罌厭弝ⅰAT held that judgment No. 2013-罌厭弝ⅰAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 罌厭弝ⅰAT held that 罌厭弝ⅰDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the 罌厭弝ⅰDT decision on that basis and upheld the Secretary-General＊s appeal on that issue; 罌厭弝ⅰAT held that each candidate for permanent appointment...

2013-罌厭弝ⅰAT-357, Baig et al.

17 Oct 2013

罌厭弝ⅰAT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. 罌厭弝ⅰAT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, 罌厭弝ⅰAT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

2013-罌厭弝ⅰAT-346, Goodwin

28 Jun 2013

罌厭弝ⅰAT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that 罌厭弝ⅰDT declined to award pecuniary damages, 罌厭弝ⅰAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of 罌厭弝ⅰDT such as would entitle 罌厭弝ⅰAT to interfere with the findings of 罌厭弝ⅰDT. 罌厭弝ⅰAT was satisfied that the Appellant had been properly compensated for moral damages. 罌厭弝ⅰAT held t that the substantive and procedural breaches identified by 罌厭弝ⅰDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

2013-罌厭弝ⅰAT-343, Larghi

28 Jun 2013

罌厭弝ⅰAT determined that by refusing to review the staff member＊s request, the 罌厭弝ⅰJSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose ※is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ＆aberrant results＊ or the situation where no up-to-date CPI data is available§. 罌厭弝ⅰAT upheld the appeal, vacated the decision of the Standing Committee of the 罌厭弝ⅰJSPB to reject the staff member＊s request that the 罌厭弝ⅰJSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...

2013-罌厭弝ⅰAT-336, Akello

28 Jun 2013

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that it was satisfied that Ms Akello＊s involvement in the private company Blessed Seasons, which was on a 罌厭弝ⅰ list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. 罌厭弝ⅰAT held that, in ruling otherwise, 罌厭弝ⅰDT erred in law and fact and the Secretary-General＊s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...