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Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal and the staff members¡¯ cross-appeal. Ä¢¹½ÊÓƵAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, Ä¢¹½ÊÓƵAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. Ä¢¹½ÊÓƵAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...

On an appeal by the Secretary-General, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the applications were receivable. Ä¢¹½ÊÓƵAT noted that Article 2(1) of the Ä¢¹½ÊÓƵDT Statute limits the Ä¢¹½ÊÓƵDT¡¯s jurisdiction to hearing appeals against administrative decisions. Ä¢¹½ÊÓƵAT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. Ä¢¹½ÊÓƵAT noted that, with the...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to Ä¢¹½ÊÓƵDT only challenged the decision to terminate his appointment in 2014. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s holding that there was no nexus between the reassignment and the abolition of the Appellant¡¯s post. Ä¢¹½ÊÓƵAT also agreed with Ä¢¹½ÊÓƵDT¡¯s finding that Ä¢¹½ÊÓƵFPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request to overturn the impugned judgment on the sole ground of...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. Ä¢¹½ÊÓƵAT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that Ä¢¹½ÊÓƵRWA DT committed an error of fact or law warranting intervention by Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT also found that the Appellant failed to demonstrate any error in Ä¢¹½ÊÓƵRWA DT¡¯s finding and had not provided any evidence in support of his claims that the Agency¡¯s...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal, requesting that the Ä¢¹½ÊÓƵRWA DT judgment be vacated. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT and upheld its findings that the Agency was entitled, under the provisions of paragraph 2 of FTI 01/2016, to fill the concerned post by means of a lateral transfer of current staff members. Ä¢¹½ÊÓƵAT also agreed with, and upheld, the ruling that it was not within the remit of Ä¢¹½ÊÓƵRWA DT to pronounce on the exercise of the Agency¡¯s discretion in deciding on the lateral transfers unless there is evidence that the discretion was exercised arbitrarily or unlawfully. Ä¢¹½ÊÓƵAT found that there...

Ä¢¹½ÊÓƵAT considered the appeal and held that Ä¢¹½ÊÓƵRWA DT¡¯s judgment was correct. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT did not err in holding that the Agency¡¯s decision to deny the Appellant a fifth year of SLWOP was both lawful and reasonable. Further, Ä¢¹½ÊÓƵAT held that the Appellant did not establish any grounds of appeal in this regard. Ä¢¹½ÊÓƵAT also reiterated that the Appellant did not have an unconditional right to EVR and that the Agency had duly considered his request in accordance with the Ä¢¹½ÊÓƵRWA Area Staff Rules and other relevant administrative issuances. Ä¢¹½ÊÓƵAT also held that Ä¢¹½ÊÓƵRWA DT rightly rejected the...

Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT correctly concluded that the application was non-receivable ratione materiae. Ä¢¹½ÊÓƵAT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, Ä¢¹½ÊÓƵAT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the RoP. Ä¢¹½ÊÓƵAT held that Toure is binding precedent on Ä¢¹½ÊÓƵDT as it applied to the Appellant¡¯s case and found no fault with Ä¢¹½ÊÓƵDT¡¯s judgment.

Ä¢¹½ÊÓƵAT held that the lack of the nationality requirement on the Appellant¡¯s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, Ä¢¹½ÊÓƵAT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

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 the staff member¡¯s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former Ä¢¹½ÊÓƵAT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. Ä¢¹½ÊÓƵAT noted that paragraph 2 of the judgment merely quoted the facts ¡°as found by the Dispute Tribunal¡±, with a footnote reference to the paragraphs quoted from the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT further noted that the Secretary-General...

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-Ä¢¹½ÊÓƵAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that the Administration¡¯s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. Ä¢¹½ÊÓƵAT noted that the phrase ¡°suitable posts¡± is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

Ä¢¹½ÊÓƵAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. Ä¢¹½ÊÓƵAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/015 Corr. 1. Therefore, based on res judicata, the application was rejected as irreceivable.

The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, Ä¢¹½ÊÓƵMISS Human Resources Section (HRS), the Ä¢¹½ÊÓƵMISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant¡¯s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and Ä¢¹½ÊÓƵMISS/HRS owed a duty to the Applicant to advise him of the option...

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/022. Therefore, based on res judicata, the application was rejected as irreceivable.

The decision not to renew the Applicant¡¯s fixed-term appointment

The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant¡¯s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant¡¯s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant¡¯s fixed-term appointment, namely that she...

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/025. Therefore, based on res judicata, the application was rejected as irreceivable. Related

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/024. Therefore, based on res judicata, the application was rejected as irreceivable.