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The ±¬ÁÏÍøAT observed that there may have been some ambiguity in paragraph 104 of the ±¬ÁÏÍøAT Judgment for which the Secretary-General requested interpretation. The ±¬ÁÏÍøAT held that the appropriate interpretation was that when the ±¬ÁÏÍøDT renders its new decision on Article 10(5) and 10(6) of the ±¬ÁÏÍøDT Statute, then the non-prevailing party may appeal the new ±¬ÁÏÍøDT judgment in its entirety, including the ±¬ÁÏÍøDT¡¯s holding on the merits.

The ±¬ÁÏÍøAT found that the Secretary-General¡¯s application for interpretation is admissible and granted. It further noted that once the ±¬ÁÏÍøDT fully exercises its jurisdiction on...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding the staff member¡¯s challenge to the non?installation of dependents receivable because the request for management evaluation was filed outside the mandatory 60?day deadline under Staff Rule 11.2(c). The ±¬ÁÏÍøAT found that Article 8(3) of the ±¬ÁÏÍøDT Statute prohibits waiving or suspending this deadline and that the ±¬ÁÏÍøDT acted beyond its jurisdiction by deciding that the Administration had waived the timeliness argument.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT did not err in concluding that the denial of the optional reduced non?family service allowance was...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT correctly found that the contested decision was lawful. It concluded that the preliminary assessment of the former staff member¡¯s complaint revealed no sufficient grounds to indicate that his FRO¡¯s alleged unsatisfactory conduct could amount to misconduct, and, as a result, there was no likelihood that an investigation would reveal sufficient evidence to further pursue the matter as a disciplinary case.

The ±¬ÁÏÍøAT also found that the ±¬ÁÏÍøDT correctly identified the decision subject to judicial review and properly considered and rejected, as a preliminary matter, Mr...

The ±¬ÁÏÍøAT held that the contested decision was lawful. It held that the ±¬ÁÏÍøDT appropriately analysed the evidence presented, providing detailed reasons for accepting or rejecting each witness¡¯s testimony and, importantly, considered the staff member¡¯s admission of many of the key facts. These included acknowledging that: tensions existed between himself and both staff and national staff members; he was probably too demanding as a manager; he raised his voice at work; he referred to the sects of certain national staff members; he had difficult interpersonal issues with Complainant 1; he...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred by failing to grant the remedy under Article 10(5)(a) of the ±¬ÁÏÍøDT Statute after it had found that the disciplinary decision was unlawful. The ±¬ÁÏÍøDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The ±¬ÁÏÍøAT remanded the case to the ±¬ÁÏÍøDT for determination of the appropriate remedy.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred in the...

Regarding the non-installation decision, the Tribunal observed that by the time the Applicant reported on duty, the family restrictions at Naqoura (his duty station) had been in place for six weeks, and the conditions had caused the duty station to be granted a special hardship classification of ¡°D¡±. The existence of armed conflict and the deteriorating security situation made the presence of dependents at the duty station unsafe. Therefore, the decision not to bring the Applicant¡¯s family to the unsafe area was obviously reasonable. The Tribunal, thus, held that the contested decision not to...

Regarding the first contested decision, the Tribunal held that the right to know the contents of the report, although summarised, is implicit in the right of a staff member to complain against third persons (right already acknowledged in Belkhabbaz, ±¬ÁÏÍøDT/2021/047 at para. 21) because this right includes the right to know the reasons for which the Administration did not punish the accused person.

The Tribunal, therefore, concluded that the Applicant had a right to receive the report in full, with reasonable redactions, from the Administration. Therefore, the claim in question was granted.

In...

The ±¬ÁÏÍøAT held that the staff member had had ample opportunity to comment on her lateral transfer. The ±¬ÁÏÍøAT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.

The ±¬ÁÏÍøAT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member¡¯s competence, skills, and experience. The ±¬ÁÏÍøAT found...

The ±¬ÁÏÍøAT noted that the reclassification request was made by ±¬ÁÏÍøIFIL and not by the staff member.

The ±¬ÁÏÍøAT held that although extensive delays occurred before the request for reclassification was determined by the Administration, no final reclassification decision had been taken at the time the application was filed to the ±¬ÁÏÍøDT by the staff member. Accordingly, since no decision had been made yet, she could not have experienced a direct adverse effect on the terms of her appointment. The fact that there were delays in the reclassification decision does not change the analysis. It is a...

The ±¬ÁÏÍøAT noted that the staff member had telecommuted from his home country for the entire academic year. The ±¬ÁÏÍøAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The ±¬ÁÏÍøAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...