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Ä¢¹½ÊÓƵAT held that there were exceptional circumstances in this case that required a waiver of the time limit, with respect to A/RES/63/253. Ä¢¹½ÊÓƵAT held that the JAB showed inconsistency in its treatment of the cases of Tabari and Shehadeh; both cases were decided on the same day by the same panel, but in Tabari¡¯s case there was a split verdict with the majority view being that there was no administrative decision that Tabari could appeal. Ä¢¹½ÊÓƵAT held that the Appellant successfully demonstrated the manner in which the anomaly had arisen and noted that the Internal Review Panel took no action to...

Ä¢¹½ÊÓƵAT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. Ä¢¹½ÊÓƵAT affirmed the Commissioner-General¡¯s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, Ä¢¹½ÊÓƵAT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵJSPB¡¯s decision denying the staff member¡¯s request for restoration of her first participation period. Ä¢¹½ÊÓƵAT found that the amended Article 24 of the Ä¢¹½ÊÓƵJSPF¡¯s Regulations only allowed for restoration of a participant¡¯s most recent period of contributory service and that the staff member had requested restoration of a participation period which was not the most recent one.

Ä¢¹½ÊÓƵAT affirmed the Commissioner-General¡¯s decision to terminate the staff member for misconduct. Ä¢¹½ÊÓƵAT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. Ä¢¹½ÊÓƵAT held that where termination of service is connected to any type of investigation of a staff member¡¯s possible misconduct, it must be reviewed as a disciplinary measure. Ä¢¹½ÊÓƵAT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-Ä¢¹½ÊÓƵAT-018 (Mahdi)

Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant¡¯s termination, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA JAB¡¯s decision was legal, rational, and procedurally proper. Ä¢¹½ÊÓƵAT held that it was an exceptional case where the doctrine of proportionality should be invoked. Ä¢¹½ÊÓƵAT held that the decision to terminate the Appellant¡¯s services was disproportionate, more drastic than necessary. Ä¢¹½ÊÓƵAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

Ä¢¹½ÊÓƵAT dismissed the appeal as time-barred.

Ä¢¹½ÊÓƵAT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant¡¯s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. Ä¢¹½ÊÓƵAT further held that the Appellant¡¯s termination was legal and not disproportionate to the offenses. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA decision.

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. Ä¢¹½ÊÓƵAT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. Ä¢¹½ÊÓƵAT accordingly held that Ä¢¹½ÊÓƵAT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant¡¯s...

In considering the Appellant¡¯s appeal, Ä¢¹½ÊÓƵAT found that the appeal was not receivable with respect to the issue of the Appellant¡¯s non-promotion during the 2004-2005 Annual Promotion Session as the issue was not raised before Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT also found that Ä¢¹½ÊÓƵDT did not err in finding on the merits that the Appellant had not been subjected to harassment. Ä¢¹½ÊÓƵAT noted that there was a proven record of considerable efforts deployed in order to resolve the Appellant¡¯s situation, involving the Ä¢¹½ÊÓƵHCR senior management at the highest level and that the High Commissioner personally met the Appellant and...

Ä¢¹½ÊÓƵAT found that the Applicant¡¯s appeal was receivable because he was not notified of any written administrative decision on non-extension of his contract after 31 December 2007. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT ignored that the time limit of two months, required by rule 111. 2(a), begins to run ¡°from the date the staff member received notification of the decision in writing. ¡± As the Applicant was never communicated any written administrative decision, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred in holding that the appeal was not receivable. Ä¢¹½ÊÓƵAT set aside Ä¢¹½ÊÓƵDT¡¯s judgment and remanded the case back to Ä¢¹½ÊÓƵDT to have the...

Ä¢¹½ÊÓƵAT preliminarily denied the Appellant¡¯s request for an oral hearing, determining that there was no need for further evidence, and then considered the appeal. Ä¢¹½ÊÓƵAT held that the minor errors in the promotion process prejudiced no one¡¯s rights, especially in that, while it is much better practice to do so, the Appellant cited no authority requiring the listing of the exact number of positions available in the vacancy announcement. Ä¢¹½ÊÓƵAT also affirmed the findings of fact by Ä¢¹½ÊÓƵDT, including that the Appellant well knew the numbers of vacancies, and there was no individual prejudice to him in the...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and found that she did not demonstrate that her request for an extension of time was reasonable. Ä¢¹½ÊÓƵAT found that the evidence about negotiations being contemplated, needed, or underway was previously refuted on appeal. Ä¢¹½ÊÓƵAT noted that the Appellant had the time and the assistance of legal counsel to advance her application and did not avail herself of those opportunities. Ä¢¹½ÊÓƵAT accordingly dismissed the appeal.

Ä¢¹½ÊÓƵAT considered the appeal and affirmed Ä¢¹½ÊÓƵJSPF¡¯s decision. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵJSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, Ä¢¹½ÊÓƵAT found it unnecessary to address the additional reliefs sought by the Appellant. Ä¢¹½ÊÓƵAT accordingly affirmed Ä¢¹½ÊÓƵJSPF¡¯s decision to award the widow¡¯s benefit to the former staff member¡¯s first wife and denied all reliefs...

The former staff member appealed and Ä¢¹½ÊÓƵAT considered whether he could compel Ä¢¹½ÊÓƵICEF to pay to the Fund its contribution without making the corresponding contribution himself. Ä¢¹½ÊÓƵAT found that, as the former staff member¡¯s secondment was with the World Bank, he should have availed himself of the provisions of Article 13 of the Ä¢¹½ÊÓƵJSPF Regulations relating to the transfer of pension rights and he failed to do so. Under these circumstances, Ä¢¹½ÊÓƵAT noted that if the former staff member made his own contribution to the Fund, Ä¢¹½ÊÓƵICEF would have been duty-bound to make its corresponding contribution...

On appeal, the Appellant asserted that the Commissioner-General erred in not following the JAB¡¯s recommendation. Ä¢¹½ÊÓƵAT held that the JAB did not assess the totality of the evidence when making its recommendation. Ä¢¹½ÊÓƵAT specifically held that the JAB¡¯s recommendation that no clear policy or instruction prevented the Appellant from giving the individual the authorization to use the DSA Facility did not take into account that there was a clear policy to inform his supervisors, which the Appellant failed to do. Ä¢¹½ÊÓƵAT accordingly dismissed the appeal.

Ä¢¹½ÊÓƵAT confirmed the Ä¢¹½ÊÓƵJSPB¡¯s interpretation of Article 24 of the Regulations to the effect that the 2007 amendment to Article 24 of the Ä¢¹½ÊÓƵJSPF Regulations only applies to staff members who prior to 2007 had been ineligible to restore previous contributory service. Ä¢¹½ÊÓƵAT held, therefore, that the amended Article 24 did not apply to the staff member as he had been eligible to restore previous contributory service but had failed to do so in a timely manner.

In reviewing the Appellant¡¯s appeal, Ä¢¹½ÊÓƵAT found that the decision to terminate the Appellant¡¯s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. Ä¢¹½ÊÓƵAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. Ä¢¹½ÊÓƵAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and found that Ä¢¹½ÊÓƵDT erred when it decided to give Ä¢¹½ÊÓƵHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. Ä¢¹½ÊÓƵAT noted that Article 10. 5(a) of the Ä¢¹½ÊÓƵDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). Ä¢¹½ÊÓƵAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

In considering the Appellant¡¯s appeal, Ä¢¹½ÊÓƵAT found that the Standing Committee could not reject the request unless it disregarded the provisions of Article 33(a) of the Ä¢¹½ÊÓƵJSPF Regulations. However, Ä¢¹½ÊÓƵAT noted that it was not in a position to rule on the actual possibility for the Appellant to perform the duties of her respective position and held that the Standing Committee should reconsider the Appellant¡¯s request. Ä¢¹½ÊÓƵAT rescinded the Standing Committee¡¯s decision and remanded the Appellant¡¯s request to the Standing Committee for review.

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal and affirmed the decisions of Ä¢¹½ÊÓƵJSPB Standing Committee. Ä¢¹½ÊÓƵAT found that the Appellant¡¯s first ground of appeal had no merit, noting that the Appellant had prior notice of her separation and could have exercised her right to restore her participation prior to the time of her separation in accordance with Section F. 1 of the Pension Fund¡¯s Administrative Rules, which she failed to do. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵJSPF Standing Committee had no discretion to make an exception in this case and the Standing Committee¡¯s decision not to restore the Appellant¡¯s prior...