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±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT affirmed ±¬ÁÏÍøDT¡¯s decision that the 60 days¡¯ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. ±¬ÁÏÍøAT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT¡¯s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not act lawfully in issuing an order in direct contravention of the established ±¬ÁÏÍøAT jurisprudence. However, ±¬ÁÏÍøAT also held that parties before ±¬ÁÏÍøDT must obey its binding decisions and that a decision by ±¬ÁÏÍøDT remained legally valid until such time as ±¬ÁÏÍøAT vacated it. ±¬ÁÏÍøAT held that the Secretary-General¡¯s refusal to comply with ±¬ÁÏÍøDT¡¯s order was vexatious. ±¬ÁÏÍøAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. ±¬ÁÏÍøAT upheld the appeal in part.

Accountability Referral: The ±¬ÁÏÍøAT...

±¬ÁÏÍøAT considered a request for revision of judgment No. 2013-±¬ÁÏÍøAT-297. ±¬ÁÏÍøAT noted that the application for revision was filed more than six months beyond the time limit. ±¬ÁÏÍøAT held that the application for revision was not receivable ratione temporis. ±¬ÁÏÍøAT dismissed the appeal.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT was correct to reject the Appellant¡¯s application and held that the appeal had no merit. ±¬ÁÏÍøAT held that ,for various reasons, ±¬ÁÏÍøDT erred in not finding that the whole of the application was not receivable ratione materiae. ±¬ÁÏÍøAT held that the Office of Internal Oversight Services did not decide the question of whether an investigation ought to be conducted, but rather passed it into the hands of ±¬ÁÏÍø-Habitat. ±¬ÁÏÍøAT held that this preliminary step of referral was not, of itself, capable of producing direct legal consequences affecting the Appellant¡¯s terms of conditions of...

Noting that ±¬ÁÏÍøDT concluded that the Office of Staff Legal Assistance (OSLA) had provided the Appellant with legal assistance and that its refusal to provide legal representation was reasoned, appropriate, and did not breach any lawful obligations of OSLA, ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err in law or fact or exceed its competence in reaching this conclusion. ±¬ÁÏÍøAT found no fault with ±¬ÁÏÍøDT¡¯s rejection of the Appellant¡¯s contention that OSLA had no discretionary authority. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err in law or fact or exceed its competence in finding that the reasons for OSLA¡¯s decision were...

±¬ÁÏÍøAT considered an interlocutory appeal against Order No. 116 and Order No. 126 by Mr Staedler. Regarding Order No. 116, Mr Staedler requested that the Order be rescinded, that Order No. 078 (NBI/2014) be reinstated, and that the Secretary-General¡¯s reply be stricken as untimely. Regarding Order No. 126, Mr Staedler requested that the portion of the Order admonishing him be rescinded and that the Order not be published in its present form. On Mr Staedler¡¯s contention that ±¬ÁÏÍøAT should receive the appeal because it was an exceptional case in which ±¬ÁÏÍøDT exceeded its jurisdiction or competence...

±¬ÁÏÍøAT held that the Appellant¡¯s argument that ±¬ÁÏÍøDT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. ±¬ÁÏÍøAT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of ±¬ÁÏÍøDT to determine admissibility and weighing of evidence, ±¬ÁÏÍøAT held that there was no merit in the Appellant¡¯s submission that ±¬ÁÏÍøDT erred in law and fact when it failed to draw the necessary inference from...

±¬ÁÏÍøAT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. ±¬ÁÏÍøAT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant¡¯s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly concluded that the Appellant¡¯s challenge which related to the comments of...

The Appellant¡¯s appeal primarily challenged the decision of ±¬ÁÏÍøDT not to hold an oral hearing, purportedly denying him a fair trial and due process. ±¬ÁÏÍøAT noted that the reason for the decisions to temporarily limit the authority of the Applicant pending a management review was not in contention. ±¬ÁÏÍøAT held that the withdrawal of the delegations did not unduly detract from the Appellant¡¯s core functions, though his discretion to interact with various stakeholders was significantly restricted and he was constrained by a firmer level of accountability and closer scrutiny of his performance. ±¬ÁÏÍøAT...

The Applicant sought a further extension of time on 16 October 2009 to file her substantive application after the Tribunal had previously granted her 21 days to do so. This extension expired on 16 October 2009. The Tribunal noted that: the Applicant¡¯s Counsel had applied to withdraw from representing the Applicant for want of instructions; the request for extension was filed on the date of expiry of the previous Order, and moved the Tribunal for a further extension of 1 year; the Applicant alluded to ¡°direct negotiations¡± being underway; ¡°with the Respondent in this matter¡±, but failed to...