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The Appeals Tribunal granted the Secretary-General¡¯s appeals, dismissed Mr. Heurtematte¡¯s appeal and reversed the ±¬ÁÏÍøDT Judgments.

The Appeals Tribunal found that the ±¬ÁÏÍøDT¡¯s largely speculative grounds for concluding ulterior motives by ±¬ÁÏÍø Women were not justified, especially when compared to the compelling contemporaneous reasons for the abolition, i.e. the fact that ±¬ÁÏÍø Women no longer had a physical office in Panama, that the staff was working from home, and that the motor vehicles had been sold. The ±¬ÁÏÍøDT went too far in reaching its own speculative conclusions why and how ±¬ÁÏÍø Women...

The ±¬ÁÏÍøAT held that the appeal was timely, as Article 11(5) of the ±¬ÁÏÍøRWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.

On the merits, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT correctly identified the Agency¡¯s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The ±¬ÁÏÍøAT also determined that the ±¬ÁÏÍøDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the ±¬ÁÏÍøAT emphasized that the ±¬ÁÏÍøDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

The ±¬ÁÏÍøAT held that the Inspector General¡¯s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The ±¬ÁÏÍøAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The ±¬ÁÏÍøAT held...

The ±¬ÁÏÍøAT held that none of the reasons provided by Mr. Hejab, considered individually or collectively, were convincing enough to consider his case exceptional, so as to warrant the award of higher compensation than set by Article 10(5) of the ±¬ÁÏÍøRWA DT Statute.

The ±¬ÁÏÍøAT held that it is not unusual for an older staff member, particularly one who is close to retirement, to have difficulty in finding another job. Likewise, although there are difficult economic conditions where he lives, this is also not the type of factor that warrants compensation in excess of the statutory norm.

The ±¬ÁÏÍøAT held...

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 found that Article 9(4) of the ±¬ÁÏÍøDT Statute regarding the nature of the judicial review that the ±¬ÁÏÍøDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The ±¬ÁÏÍøAT found that...

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 correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.

With respect to the compensation awarded, the ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...

The ±¬ÁÏÍøAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The ±¬ÁÏÍøAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the ±¬ÁÏÍøAT found that her ±¬ÁÏÍø experience was used to disadvantage her. The ±¬ÁÏÍøAT also...