±¬ÁÏÍø

±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT had correctly determined that the Appellant had failed to comply with the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. ±¬ÁÏÍøAT held that the Appellant had never sought review of the decision to separate him from service, failing to comply with Article 8.1(c) of the ±¬ÁÏÍøRWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. ±¬ÁÏÍøAT affirmed ±¬ÁÏÍøRWA DT¡¯s finding...

±¬ÁÏÍøAT considered an appeal by the Secretary-General which was limited to the ±¬ÁÏÍøDT¡¯s award of compensation in lieu of rescission, which he claimed was excessive. ±¬ÁÏÍøAT held that since the Secretary-General did not contest Ms Sarrouh¡¯s claim for compensation before ±¬ÁÏÍøDT, he could not raise the issue on appeal. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT¡¯s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. ±¬ÁÏÍøAT held that in the absence of any error of law or manifestly...

±¬ÁÏÍøAT held that the reason upon which ±¬ÁÏÍøDT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. ±¬ÁÏÍøAT held that, given the grossly negligent illegalities in which the selection process was conducted as found by ±¬ÁÏÍøDT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the ±¬ÁÏÍøDT judgment. ±¬ÁÏÍøAT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...

Citing the Teferra judgment, the Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2 of the ±¬ÁÏÍøDT Statute and Staff Rule 11.4 (a). The Tribunal found that there was nothing on the record to show that the administration gave specific instructions to the hospitals in Kenya not to provide medical services to the Applicant. The Tribunal found that the Applicant was not able to receive medical services on an occasion due to his lack of diligence in obtaining a MIP card for himself and his family members, despite the numerous attempts...

Abolished posts: The onus is on the Respondent to show that the Organization acted correctly towards the Applicant as a permanent appointee on an abolished post and to demonstrate what good faith steps it took, in accordance with its legal and policy obligations, to assist her with finding alternative employment.Manifest abuse of process: A withdrawal of an admission of liability upon which the parties have relied may result in a finding of manifest abuse of process warranting award of costs.Outcome: Relied ordered: (i) 9 months¡¯ net base salary (breach of rights and loss of chance of...

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal¡¯s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...

The Tribunal found that the Administration had erred in giving to the Applicant an appointment whose expiration date went well beyond his retirement age but that it duly rectified this error by separating him from service. It also found that the Applicant had been sufficiently compensated by the Respondent. Nature of contractual relationship: The contracts by which the Organization employs staff members are not regular contracts, given the particular relationship established between staff members and the Organization, and they are for the most part governed by the Staff Regulations and Rules...

The Tribunal found that the application was irreceivable as time-barred; it was also without merit because the alleged conflict of interest was not deemed to exist. Independent status: Bodies endowed with an independent status are integrated in the structure of the Organization and, whilst they may not receive instructions from their chain of command in performing the tasks entrusted to them, they are not entirely detached from the Secretary-General¡¯s authority. Administrative decisions: The Tribunal is not competent to examine the legality of acts other than administrative decisions. Redress...

The preliminary issue at stake was whether the Tribunal had competence ratione personae to examine this application. In this regard, the Tribunal found that, under the relevant ±¬ÁÏÍøDP rules, persons recruited under Service Contract are not staff members. It therefore considered that it did not have competence to adjudicate this case. It also found that the facts had clearly established that the Applicant had actually amicably settled the issue of the non renewal of his contract and received USD 9593 as compensation. The Tribunal therefore considered that the Applicant, who was a party to this...