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The Ä¢¹½ÊÓƵAT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the Ä¢¹½ÊÓƵDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the Ä¢¹½ÊÓƵDT Judgment in that same language. As he received the Ä¢¹½ÊÓƵDT Judgment in French on 11 July 2025 and filed his appeal on 13 August 2025, the Ä¢¹½ÊÓƵAT held that it was filed in a timely manner.

Nevertheless, the Ä¢¹½ÊÓƵAT found that the former staff member¡¯s application before the Ä¢¹½ÊÓƵDT was not receivable. In this regard, the Ä¢¹½ÊÓƵAT first rejected his contention...

The Ä¢¹½ÊÓƵAT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. Ä¢¹½ÊÓƵRWA/DT/2025/001.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT¡¯s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat¡¯s appeal was not receivable.

The Ä¢¹½ÊÓƵAT held that the issues on appeal were whether the Ä¢¹½ÊÓƵDT erred in finding that the staff member received full and fair consideration for the Temporary Job Opening, whether it erred in concluding that the non?selection decision was untainted by bias, discrimination, or other extraneous considerations, and whether it erred in declaring certain claims not receivable for failure to request management evaluation. It recalled that its role on appeal is not to conduct a de novo review, but to determine whether the Ä¢¹½ÊÓƵDT committed an error of law, fact, or procedure resulting in an unreasonable...

The Ä¢¹½ÊÓƵAT first held that the contested decision of 17 April 2011 did not constitute an appealable administrative decision and was not receivable ratione materiae, insofar as it merely advised the former staff member to go to the nearest Ä¢¹½ÊÓƵHCR office and seek asylum or resettlement as a refugee.

Subsidiarily, even assuming that the e-mail of 17 April 2011 could have constituted a valid appealable administrative decision, the Ä¢¹½ÊÓƵAT found that the former staff member¡¯s application would nonetheless remain not receivable on two grounds. First, he did not request management evaluation of the...

The Ä¢¹½ÊÓƵAT held that the issues on appeal were whether the Ä¢¹½ÊÓƵDT erred in finding that the Secretary-General lawfully exercised his discretion in cancelling the Recruit from Roster Job Opening, whether the decision was supported by a rational and reasonable basis, and whether the Ä¢¹½ÊÓƵDT erred in rejecting the staff member¡¯s allegations of discrimination, improper motive, or procedural irregularity.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly applied established jurisprudence on staff selection, including the principle that the Administration is not obliged to complete a recruitment exercise once...

The Ä¢¹½ÊÓƵAT found that Ms. George submitted her request to revert to the US dollar track system on 4 August 2015 and the Administration rejected it on 10 November 2015.Despite that clear communication, the former staff member continued to exchange correspondence with the Administration seeking reconsideration of the decision for almost nine years.She waited until 9 April 2024 before submitting her request for review to the Standing Committee.As it was filed beyond the statutory time limit of ninety days of receipt of notification of the contested decision, the Ä¢¹½ÊÓƵAT held that her request was...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding that the established facts underlying the allegations did not amount to misconduct. It found that the former staff member's sustained participation in exchanges concerning the sharing of non-public information and his communications with M.R., an individual engaging publicly on matters pertaining to the Office of Investment Management (OIM), constituted unauthorized disclosure or, at minimum, participation in unauthorized sharing of non-public information.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in characterizing as too vague the allegation that the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the Ä¢¹½ÊÓƵAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the Ä¢¹½ÊÓƵAT further held that her ignorance or misunderstanding of the law...

The Ä¢¹½ÊÓƵAT held that the issues on appeal were whether the Ä¢¹½ÊÓƵRWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...

The Ä¢¹½ÊÓƵAT held that the issues on appeal were whether the Ä¢¹½ÊÓƵDT erred in finding the application not receivable for failure to request management evaluation within the mandatory 60?day time limit, whether it erred in identifying the date of notification of the contested administrative decision, and whether any findings on mootness or alleged due process violations affected the outcome. It recalled that its role on appeal is limited to determining whether the Ä¢¹½ÊÓƵDT committed an error of law, fact, or procedure resulting in an unreasonable decision.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly identified...

The Ä¢¹½ÊÓƵAT held that the issues on appeal were whether the Ä¢¹½ÊÓƵDT erred in refusing to grant anonymity to the staff member in proceedings challenging a written reprimand, whether it misapplied the jurisprudence governing anonymization, and whether such an error justified interlocutory review. It recalled that interlocutory appeals are receivable only in rare and exceptional circumstances, including where an error is irremediable by a final judgment and it would be manifestly unreasonable for the impugned order to remain in effect.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT committed an error of law by...

The Ä¢¹½ÊÓƵAT held that the former staff member committed sexual harassment towards the Complainant by: i) entering her accommodation without invitation, hugging, kissing, and licking her forehead without her consent, reclining her on her bed to lie next to him, and refusing to leave when asked; and ii) telling her the following day that she had been unable to sleep because she had been thinking of him.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had provided a clear and reasoned analysis of the witnesses¡¯ credibility.It concluded that the Ä¢¹½ÊÓƵDT¡¯s determination that certain discrepancies in the Complainant¡¯s...

The Ä¢¹½ÊÓƵAT held that the issues on appeal were whether the Ä¢¹½ÊÓƵDT had clearly exceeded its jurisdiction or competence in issuing the impugned interlocutory case?management orders, and whether any alleged procedural errors were effectively irremediable by a final judgment or manifestly unreasonable so as to justify interlocutory review. It recalled that appeals against interlocutory orders are receivable only in rare and exceptional circumstances, and that matters relating to evidence, procedure, and trial conduct fall within the Ä¢¹½ÊÓƵDT¡¯s broad case?management discretion.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT...

The Ä¢¹½ÊÓƵAT held that the former staff member did not request an oral hearing during proceedings before the Ä¢¹½ÊÓƵDT and thus cannot be allowed to do so on appeal. The Ä¢¹½ÊÓƵDT as the trier of fact cannot be bypassed.

The Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that the former staff member¡¯s post-separation grievances were beyond its scope of adjudication and not receivable because there was no prior and timely request for management evaluation. The sanction for non-compliance with this mandatory internal procedure is the non-receivability of the application challenging the contested decision.

The...

The Ä¢¹½ÊÓƵAT held that the former staff member¡¯s application before the Ä¢¹½ÊÓƵDT was not receivable ratione temporis. The Ä¢¹½ÊÓƵAT observed that the former staff member was notified of the contested decision on 30 May 2024 or, according to his own statement, no later than 5 June 2024. Accordingly, in the first scenario, the application should have been filed by 28 August 2024, and in the second scenario, by 3 September 2024. As his application was filed only on 4 September 2024, the Ä¢¹½ÊÓƵAT concluded that it had been correctly found to have been submitted well outside the statutory 90-day time limit.

The...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The Ä¢¹½ÊÓƵAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the contested decision to close the staff member¡¯s complaint without investigation was lawful and reasonable. The Ä¢¹½ÊÓƵAT found that OIAI properly assessed the allegations and determined they lacked sufficient evidence or indicia of misconduct, and that the incidents described fell within normal performance management rather than harassment or abuse of authority.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT correctly found that disagreements over performance ratings and the implementation of a Performance Improvement Plan do not constitute...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application was not receivable, as he did not file a timely request for management evaluation of the contested decision.

The Ä¢¹½ÊÓƵAT observed that the staff member was notified of the contested decision on 9 November 2023. Accordingly, he had until 8 January 2024 to file his request for management evaluation, but instead filed it on 12 August 2024, more than 270 days after being notified of the contested decision. It further found that, even assuming that he was notified of the contested decision in February 2024, his request was still submitted well...

The Ä¢¹½ÊÓƵAT held that the only issue on appeal was whether the Ä¢¹½ÊÓƵDT erred in finding the additional disciplinary sanction disproportionate and rescinding it. It emphasized that under Staff Rule 10.3(b), sanctions must be proportionate, but the Administration enjoys broad discretion in disciplinary matters, subject to judicial review for lawfulness, rationality, and proportionality.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT exceeded its authority by substituting its own opinion for that of the Secretary-General. It noted that the Administration had considered all relevant factors, including the seriousness of...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the contested decision by the OAI to close the staff member¡¯s complaint was lawful. The Ä¢¹½ÊÓƵAT found that the Administration acted reasonably in determining that the allegations lacked sufficient evidence to warrant an investigation and that the assessment process complied with Ä¢¹½ÊÓƵDP¡¯s legal framework.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT correctly rejected the staff member¡¯s procedural arguments, including claims of bias and denial of witness testimony. The Ä¢¹½ÊÓƵAT emphasized that the proposed witnesses could not have altered the established...