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The Secretary-General filed an appeal.

±¬ÁÏÍøAT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS¡¯s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse¡¯s insistence on working only...

The ±¬ÁÏÍøAT considered an appeal by the Commissioner-General of the ±¬ÁÏÍøRWA.

The ±¬ÁÏÍøAT found that by the Commissioner-General had been ordered to take a new decision with respect to the staff member¡¯s request in view of the increase in his managerial and budgetary duties and responsibilities.

The ±¬ÁÏÍøAT was of the view that the Commissioner-General had not been specifically ordered to upgrade his post or to grant him a special allowance; the ±¬ÁÏÍøRWA DT had deemed it to be within the discretion of the Commissioner-General to decide whether or not he should be compensated.

The ±¬ÁÏÍøAT noted that the...

±¬ÁÏÍøAT dismissed Mr. Zaqqout's application for correction of judgment on the grounds that Mr. Zaqqout attempted to relitigate his case instead of demonstrating mistakes in the nature of those intended to be covered by Article 11(2), and he had failed to explain the significant delay in applying to correct the alleged errors.

±¬ÁÏÍøAT also dismissed Mr. Zaqqout's application for revision of judgment. ±¬ÁÏÍøAT found that this being the second application for revision Mr. Zaqqout had filed in this case, he was required to demonstrate exceptional circumstances, a test he did not meet; and that even if the...

The ±¬ÁÏÍøAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.

The ±¬ÁÏÍøAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal¡¯s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.

The ±¬ÁÏÍøAT noted that, given the delay in execution and in the...

The ±¬ÁÏÍøAT found no errors in the ±¬ÁÏÍøRWA DT Judgment and dismissed the appeal. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT correctly held that Mr. Neekhra¡¯s due process rights were not violated by an undue delay in the investigation proceedings; that Mr. Neekhra¡¯s actions to copy-paste excerpts from internal/external sources without proper citation was a violation of the Agency¡¯s regulatory framework and constituted misconduct; and that the disciplinary measures of a written censure and deferment of eligibility for consideration for promotion were proportionate to the offense. The ±¬ÁÏÍøAT dismissed the...

The ±¬ÁÏÍøAT dismissed the interlocutory appeal as not receivable on grounds that the ±¬ÁÏÍøDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The ±¬ÁÏÍøAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier ±¬ÁÏÍøAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The ±¬ÁÏÍøAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

As to the appeal against the ±¬ÁÏÍøDT¡¯s Order for expungement of the impugned documents from its case file, ±¬ÁÏÍøAT found that it was receivable because, unless the documents were preserved for use at trial, they might be lost with the consequence that the Secretary-General would be unable to use them to establish his allegations of forgery and fraud as he was entitled to. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT¡¯s Order was, in this respect, effectively irremediable; that this would be a manifestly unreasonable consequence of the Order for the Secretary-General; and that the circumstances were so rare and...

±¬ÁÏÍøAT considered whether the impugned decision was a contestable administrative decision. ±¬ÁÏÍøAT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. ±¬ÁÏÍøAT held that the requirement for ±¬ÁÏÍø Office at Nairobi (±¬ÁÏÍøON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation¡¯s staff medical insurance plan. ±¬ÁÏÍøAT held that this requirement was of general...

±¬ÁÏÍøAT considered an application for ¡°reconsideration¡± of Judgment No. 2010-±¬ÁÏÍøAT-029bis. ±¬ÁÏÍøAT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. ±¬ÁÏÍøAT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib¡¯s appeal was dismissed as non-receivable and without merit, ±¬ÁÏÍøAT held that the application for ¡°reconsideration¡± constituted an abuse of the appeals...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly held that the Appellant¡¯s case was not receivable. ±¬ÁÏÍøAT held that a selection process involved a series of steps or findings which led to the administrative decision, and that these steps may only be challenged in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT¡¯s decision to order the Appellant to pay the sum of CHF 2,000, was justified because he filed a frivolous application and made all kinds of baseless charges against the fairness of the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT...