±¬ÁÏÍø

The ±¬ÁÏÍøAT noted that as per ISA¡¯s Staff Rule the ±¬ÁÏÍøAT has the competence to ¡°order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level¡±. The ±¬ÁÏÍøAT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall¡¯s Motion.

However, the ±¬ÁÏÍøAT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB¡¯s decision. Mr...

The ±¬ÁÏÍøAT noted that the interview panel had nominated the staff member as one of the recommended candidates for appointment to the post but the Recruitment Report had been erroneously silent as to whether she had been considered on an equivalency basis. The ±¬ÁÏÍøAT observed that the advisory committee had subsequently found that her experience did not qualify her for equivalency and that she had not met the educational qualifications.

The ±¬ÁÏÍøAT held that because the staff member had been wrongly shortlisted, her participation in the remainder of the recruitment process had been unlawful and any...

The ±¬ÁÏÍøAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the ±¬ÁÏÍøAT to reject it. The ±¬ÁÏÍøAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The ±¬ÁÏÍøAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.

The ±¬ÁÏÍøAT was of the view that the request for execution relied on the staff member¡¯s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The ±¬ÁÏÍøAT further noted that the Judgment had...

The ±¬ÁÏÍøAT noted that the Agency had removed the disputed Note from the staff member¡¯s Official Status File and provided him with his requested certificate of service and performance evaluations. The ±¬ÁÏÍøAT found that the appeal in the respective part had therefore become moot.

The ±¬ÁÏÍøAT held that even if the issue were not moot, it was not persuaded that the ±¬ÁÏÍøWRA DT had exercised its discretion injudiciously or otherwise erred. The ±¬ÁÏÍøAT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first ±¬ÁÏÍøRWA DT Judgment.

The ±¬ÁÏÍøAT found that the staff...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred by failing to grant the remedy under Article 10(5)(a) of the ±¬ÁÏÍøDT Statute after it had found that the disciplinary decision was unlawful. The ±¬ÁÏÍøDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The ±¬ÁÏÍøAT remanded the case to the ±¬ÁÏÍøDT for determination of the appropriate remedy.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred in the...

The Tribunal rejected the Applicant¡¯s arguments and found that the decision to recover a portion of the Applicant¡¯s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The Tribunal rejected the Applicant¡¯s arguments and found that the decision to recover a portion of the Applicant¡¯s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT¡¯s findings had been based on credible evidence when it determined that the staff member¡¯s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The ±¬ÁÏÍøAT was of the view that in light of the testimony of the staff member¡¯s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the ±¬ÁÏÍøDT to conclude that the Administration had failed to establish the medical...

The ±¬ÁÏÍøAT held that the President of the Council of ICAO, in taking the decision not to approve the appointment of the staff member to the post, had regard to relevant considerations: the staff member was negatively assessed by the interview panel and the assessment centre, and had serious weaknesses in areas of vision and other competencies which were critical skills for ICAO. The ±¬ÁÏÍøAT found that the reasons provided by the President accorded with the facts.

The ±¬ÁÏÍøAT was of the view that, although the President discussed the matter with some members of the panel, these discussions had not...

The ±¬ÁÏÍøAT held that the application for revision had no merit. The ±¬ÁÏÍøAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The ±¬ÁÏÍøAT noted furthermore that the applicant¡¯s submissions essentially repeated or added to the same arguments that she had raised before the ±¬ÁÏÍøAT in the prior proceedings.

In addition, the ±¬ÁÏÍøAT pointed out that in failing to comply with the Order in which the ±¬ÁÏÍøAT granted in...