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±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err on a question of law or fact and had identified the relevant administrative decision to trigger the time limits for a request for management evaluation. ±¬ÁÏÍøAT held there was no legal difference between an assignment and a reassignment. ±¬ÁÏÍøAT held that the Appellant¡¯s argument that two different administrative decisions were notified to her was without merit. ±¬ÁÏÍøAT held that the Appellant¡¯s argument that a communication of entitlements and benefits cannot constitute a notification of the underlying administrative decision concerning status was without merit. ±¬ÁÏÍøAT...

±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. ±¬ÁÏÍøAT upheld the ±¬ÁÏÍøRWA DT¡¯s findings that the provisions in the GMIP were mandatory for the ±¬ÁÏÍøRWA, that the GMIP does not include a provision with respect to retroactivity, and that ±¬ÁÏÍøRWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. ±¬ÁÏÍøAT held that the GMIP could not apply outside of its scope of application. ±¬ÁÏÍøAT held that there was no evidence that ±¬ÁÏÍøRWA DT erred on the law or the facts, and that the Appellant¡¯s...

Having decided that an oral hearing would not ¡°assist in the expeditious and fair disposal of the case,¡± as required by Article 18(1) of the RoP, ±¬ÁÏÍøAT denied the Applicants¡¯ request for one. ±¬ÁÏÍøAT also decided that the Appellants could not introduce additional evidence since that evidence had not been presented before ±¬ÁÏÍøRWA DT and no application had been made to ±¬ÁÏÍøAT to be allowed to submit that evidence on appeal. ±¬ÁÏÍøAT noted that an appeal is not receivable where an Applicant bypassed the jurisdiction of the first instance Judge, by directly lodging an appeal with the Appeals Tribunal against...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). ±¬ÁÏÍøAT upheld the appeal, vacated and modified the ±¬ÁÏÍøDT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant¡¯s application for mobility allowance.

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that there was no sufficient evidence before ±¬ÁÏÍøDT to justify its findings of ¡°moral injury¡±. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred when it awarded compensation on a claim of ¡°moral injury¡± without the support of evidence, apart from the testimony of the Appellant. ±¬ÁÏÍøAT upheld the appeal and vacated the ±¬ÁÏÍøDT judgment regarding the award of compensation for moral harm.

±¬ÁÏÍøAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of ±¬ÁÏÍøAT in terms of Article 10(2) of the ±¬ÁÏÍøAT Statute elected to refer the appeal for consideration by the full bench of ±¬ÁÏÍøAT. ±¬ÁÏÍøAT recalled that an administrative decision is 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...

±¬ÁÏÍøAT considered the Secretary-General's appeal, specifically as to whether ±¬ÁÏÍøRWA DT¡¯s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, ±¬ÁÏÍøAT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. ±¬ÁÏÍøAT held that there was no room for ±¬ÁÏÍøRWA DT to substitute its decision...

±¬ÁÏÍøAT considered the appeal and held that ±¬ÁÏÍøRWA DT¡¯s judgment was correct. ±¬ÁÏÍøAT found that ±¬ÁÏÍøRWA 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, ±¬ÁÏÍøAT held that the Appellant did not establish any grounds of appeal in this regard. ±¬ÁÏÍøAT 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 ±¬ÁÏÍøRWA Area Staff Rules and other relevant administrative issuances. ±¬ÁÏÍøAT also held that ±¬ÁÏÍøRWA DT rightly rejected the...

±¬ÁÏÍøAT held that the Appellant had failed to make a request for correction of her current contract. ±¬ÁÏÍøAT held that it could not step outside its statutory remit and examine the merits of the Appellant¡¯s claim for payments under her current contract when she had made no request for a review regarding it. ±¬ÁÏÍøAT held that JAB did not err in finding the Appellant¡¯s claims of 30 December 2015 for revision of her step level under the previous contract as not receivable since the Appellant submitted her request more than a year from the date on which she received her first salary or ¡°initial payment¡±...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that the Secretary-General discharged his burden to establish the facts of misconduct by clear and convincing evidence in relation to all the allegations of wrongdoing regarding the special education grants. ±¬ÁÏÍøAT held that the evidence proved not only fraud in the form of false accounting, but also the uttering of forged and falsified documents to the Organisation. ±¬ÁÏÍøAT held that the staff member¡¯s behaviour constituted serious misconduct by which she enriched herself by approximately USD 50,000 at the expense of the Organisation...