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±¬ÁÏÍøAT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. ±¬ÁÏÍøAT thus granted the Secretary-General's appeal and reversed the Second Judgment.

±¬ÁÏÍøAT found not receivable Mr. Mukhopadhyay¡¯s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. ±¬ÁÏÍøAT found that he had made these claims for the first time on appeal and was...

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 Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant¡¯s claim for financial and...

±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøRWA DT Judgment. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.

±¬ÁÏÍøAT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency. An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...

The ±¬ÁÏÍøAT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

The ±¬ÁÏÍøAT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...

The ±¬ÁÏÍøAT held that there was no reason why the Appeals Tribunal should intervene and modify the ±¬ÁÏÍøDT¡¯s findings, which were both reasonable and equitable. The ±¬ÁÏÍøAT noted that while the hiring of the casual workers was not part of Mr. Saleh¡¯s official duties, Mr. Saleh coordinated and supervised the work of the ±¬ÁÏÍøHCR implementing partner which was responsible for hiring at the warehouse, and Mr. Saleh also had the function of overseeing the warehousing operations. Given these responsibilities, as well as his previous intense involvement in the setting up and management of the warehouse, which...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus she failed to sustain her burden of both production and proof.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to her, calculated at the US prime rate. The Applicant¡¯s claim for financial and...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...