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The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøDT¡¯s analysis of the applicable legal framework governing the education grant, specifically the costs admissible for reimbursement, had been erroneous and the ±¬ÁÏÍøDT had exceeded its jurisdiction when it found the promulgation of the amended administrative instruction unlawful. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had failed to provide the reasons, facts and law on which it had based its Judgment.

The ±¬ÁÏÍøAT held that the fees which were clearly intended to cover extra-curricular activities or general non-academic services, and were not intended to cover administrative...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that the staff member did not cite any provision of Article 2(1) of the ±¬ÁÏÍøAT Statute and did not indicate whether any errors by the ±¬ÁÏÍøRWA DT in his case related to its jurisdiction, the procedure, a question of law or a question of fact. The ±¬ÁÏÍøAT held that the appeal was defective and consequently not receivable.

The ±¬ÁÏÍøAT, nevertheless, reiterated its jurisprudence on some of the issues raised, and agreed with the way the ±¬ÁÏÍøRWA DT had determined the amount of in-lieu compensation. The ±¬ÁÏÍøAT also agreed with the ±¬ÁÏÍøRWA DT¡¯s...

With respect to the Secretary-General's appeal of the ±¬ÁÏÍøDT finding that misconduct under Count 2 was not established, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in fact, resulting in a manifestly unreasonable decision. Messages sent by the staff member to his neighbour were suggestions and statements to a person who was not a witness at the time. The staff member was not under and did not suspect he would likely be under an investigation at the time he sent the messages. The neighbour found them appropriate and did not feel ¡°influenced¡± by them.

The ±¬ÁÏÍøAT also denied the Secretary-General¡¯s...

±¬ÁÏÍøAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. ±¬ÁÏÍøAT found no merit in Mr. Kilauri¡¯s contention that the ±¬ÁÏÍøDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

±¬ÁÏÍøAT considered the Secretary-General¡¯s appeal by a full bench of ±¬ÁÏÍøAT. The majority of the judges upheld ±¬ÁÏÍøDT¡¯s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for ±¬ÁÏÍøDT¡¯s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the ±¬ÁÏÍøDT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...

±¬ÁÏÍøAT considered an appeal by the Commissioner-General. ±¬ÁÏÍøAT held that the Commissioner-General¡¯s appeal was not time-barred and was, therefore, receivable. ±¬ÁÏÍøAT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not have jurisdiction to award compensation for loss of earnings. ±¬ÁÏÍøAT held that any financial loss appears to be generated as the main cause and directly by the Director of ±¬ÁÏÍøRWA Affairs, Lebanon¡¯s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the ±¬ÁÏÍøRWA DT and that...