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Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...

Did the involvement of a retiree from the Organization in the pre-screening and short-listing process, and the competency-based interview, affect the propriety of the selection exercise?The Tribunal found that, while retirees should generally not be hired by the Organization if other options are available, the involvement of a retiree in the selection process did not in any way prejudice the candidacy of the Applicant. The Applicant was found to have met all the requirements for the post, was short-listed and was invited to participate in a competency-based interview. Further, the Applicant...

Was the decision based on properly promulgated legal instruments or other issuances?

The primary and binding legal instrument is ST/SGB/2009/10, to be read together with the Guidelines made thereunder. It is not for the decision-makers to operate outside the strict terms of the primary legal instrument by explicit or tacit agreement to adopt a rule of practice or procedure that is not in strict compliance with ST/SGB/2009/10 and its guidance. Above all, those making recommendations or decisions must be guided by the Organization¡¯s policies as reflected in properly promulgated administrative...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

Ä¢¹½ÊÓƵAT considered the motion for execution of judgment No. 2013-Ä¢¹½ÊÓƵAT-359. Ä¢¹½ÊÓƵAT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, Ä¢¹½ÊÓƵAT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. Ä¢¹½ÊÓƵAT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s application to file a reply to the Secretary-General¡¯s answer and her motion to file additional evidence. On the issue of redaction, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s concerns were unfounded because the judgments referenced her professional profile only in a general way and did not detail the confidential matters raised by the Appellant in her submission. Ä¢¹½ÊÓƵAT agreed with the findings of Ä¢¹½ÊÓƵDT that the previous judgment with the Appellant¡¯s name as written had already been in the public domain for a long time and no useful purpose would be...

Ä¢¹½ÊÓƵAT considered both an appeal by Ms Flores requesting an increase in compensation and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in either determining that there were procedural violations that warranted rescission of the separation decision or in its determination that Ms Flores was not entitled to reinstatement (justifying a material award) as her contract was due to expire shortly after receipt of the dismissal letter. Ä¢¹½ÊÓƵAT noted that Ms Flores was not informed prior to the interview what the allegations were. Noting that the records indicated that Ms Flores...

On the Appellants¡¯ request for an oral hearing, Ä¢¹½ÊÓƵAT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants¡¯ request that the appeal be heard by a full bench, Ä¢¹½ÊÓƵAT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. Ä¢¹½ÊÓƵAT held that: Ä¢¹½ÊÓƵDT was competent to review its own competence or jurisdiction; Ä¢¹½ÊÓƵDT correctly applied the jurisprudence of Ä¢¹½ÊÓƵAT in the definition of...

Ä¢¹½ÊÓƵAT upheld the Secretary-General¡¯s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant¡¯s candidature full and fair consideration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly applied the standard of judicial review to determine whether the Hiring Manager¡¯s decision that the Appellant was not among the most qualified for the post was reasonable. Ä¢¹½ÊÓƵAT held there was no reason to reverse the findings of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT noted that the Appellant merely repeated the arguments he made before Ä¢¹½ÊÓƵDT and expressed his disagreement with the findings of the Hiring Manager. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General¡¯s argument that Ä¢¹½ÊÓƵDT unduly fettered its discretion to award compensation in lieu of specific performance, Ä¢¹½ÊÓƵAT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, Ä¢¹½ÊÓƵAT would not interfere with the discretion vested in Ä¢¹½ÊÓƵRWA DT to decide on remedy. Ä¢¹½ÊÓƵAT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General¡¯s argument that...

Ä¢¹½ÊÓƵAT considered an appeal of judgment Nos. Ä¢¹½ÊÓƵRWA/DT/2013/035 and Ä¢¹½ÊÓƵRWA/DT/2014/004. Ä¢¹½ÊÓƵAT held that there was no basis to support the Appellant¡¯s claim of legitimate expectations and/or rights for the renewal of his contract. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵRWA DT erred with respect to the amount awarded for al damages. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT evaluated all the evidence before it and made a reasoned assessment as to the amount of anxiety and stress suffered by the Appellant. Ä¢¹½ÊÓƵAT held that it would not lightly interfere with the determination of Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of Ä¢¹½ÊÓƵAT, Ä¢¹½ÊÓƵAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. Ä¢¹½ÊÓƵAT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. Ä¢¹½ÊÓƵAT held that it was a reasonable exercise of the Administration¡¯s broad discretion in disciplinary matters, with which it would not lightly interfere. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Bastet. Ä¢¹½ÊÓƵAT held that the disciplinary measure was regularly adopted by an individual properly vested with the delegated authority to make that decision and that therefore, the imposition of the disciplinary measure was valid and its rescission as ordered by Ä¢¹½ÊÓƵDT had to be vacated. Ä¢¹½ÊÓƵAT upheld the appeal from the Secretary-General, accepting the argument that Staff Rule 10. 1(c) expressly provided that the authority to impose disciplinary measures was vested in the Secretary-General or officials with delegated authority and did not...

Ä¢¹½ÊÓƵAT held that the nature of the contested decision before Ä¢¹½ÊÓƵDT was not entirely clear. On the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant had not adduced any evidence in support of his claim that the Settlement Agreement was imposed upon him by duress and threats, and therefore must fail, Ä¢¹½ÊÓƵAT found no error of law or fact in the decision and affirmed the Ä¢¹½ÊÓƵDT judgment on this point. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT failed to deal with the Appellant¡¯s claim of harassment and discrimination. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s right to due process entitlement him to a fair hearing and a fully reasoned judgment of his...

Ä¢¹½ÊÓƵAT considered an application for execution. Ä¢¹½ÊÓƵAT noted that Ms Simmons maintained that there was a sum of money due and owed to her relating to judgment No. 2012-Ä¢¹½ÊÓƵAT-221. Ä¢¹½ÊÓƵAT held that Ms Simmons¡¯ contentions were not sustained. Ä¢¹½ÊÓƵAT held that the Secretary-General fully complied with judgment No. 2012-Ä¢¹½ÊÓƵAT-221, as corrected by Order No. 148 (2013). Ä¢¹½ÊÓƵAT rejected the application for execution.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant¡¯s complaint that Ä¢¹½ÊÓƵRWA DT did not address his complaint regarding the deduction by Ä¢¹½ÊÓƵRWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, Ä¢¹½ÊÓƵAT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the Ä¢¹½ÊÓƵRWA DT when it determined these...

Ä¢¹½ÊÓƵAT considered the consolidated appeals of judgment Nos. Ä¢¹½ÊÓƵDT/2013/178 and Ä¢¹½ÊÓƵDT/2014/041. The Appellant had filed Motions to Withdraw and Strike both of his appeals on the ground that mediation was successful and all claims/disputes were settled between the parties. Ä¢¹½ÊÓƵAT granted the Appellant¡¯s motions and directed the Registrar to close Ä¢¹½ÊÓƵAT Case Nos. 2014-589 and 2014-621.