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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...

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 Appellant failed to demonstrate any error in the finding by Ä¢¹½ÊÓƵDT that he had failed to meet his burden of proving that the assignment to work in Sector East was motivated by improper consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly considered the relevant facts and the applicable law in concluding that the Administration had followed the prescribed procedures and acted in accordance with the internal law of the Organisation in separating him for abandonment of post. Ä¢¹½ÊÓƵAT held that the Appellant could not choose to ignore a lawful direction by the Administration to provide medical...

With respect to the Appellant¡¯s first claim, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, Ä¢¹½ÊÓƵAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT in that the decision to abolish Appellant¡¯s post was not receivable ratione materiae. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to contesting the award by Ä¢¹½ÊÓƵDT of three months¡¯ net base salary as compensation for damage to Ms Haroun¡¯s career prospects. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun¡¯s separation from service. Ä¢¹½ÊÓƵAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further Ä¢¹½ÊÓƵAT found no merit in the Secretary-General¡¯s argument that Ä¢¹½ÊÓƵDT improperly substituted its discretion for...

Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General challenging the compensation for moral damages. Ä¢¹½ÊÓƵAT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member¡¯s bank account. Ä¢¹½ÊÓƵAT held that the payment of the compensation constituted an acceptance of the Secretary-General of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that the appeal was, therefore, moot. Ä¢¹½ÊÓƵAT rejected the staff member¡¯s claim for costs against the Secretary-General because of abuse of process. Ä¢¹½ÊÓƵAT held that although the Secretary-General¡¯s appeal had no merit, it...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal of judgment on Receivability No. Ä¢¹½ÊÓƵDT/2013/061 and of judgment on the Merits No. Ä¢¹½ÊÓƵDT/2013/101. Ä¢¹½ÊÓƵAT held that the appeal of the judgment on Receivability was timely. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred in finding that Mr Ngokeng¡¯s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng¡¯s performance appraisal. Ä¢¹½ÊÓƵAT specifically noted that the First Reporting Officer¡¯s comment on Mr Ngokeng¡¯s output did not detract from the overall satisfactory...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member¡¯s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey¡¯s summary of evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching any importance to this omission. Ä¢¹½ÊÓƵAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. Ä¢¹½ÊÓƵAT held that the Secretary-General...

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...