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The ±¬ÁÏÍøAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the ±¬ÁÏÍøAT to reject it. The ±¬ÁÏÍøAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The ±¬ÁÏÍøAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.

The ±¬ÁÏÍøAT was of the view that the request for execution relied on the staff member¡¯s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The ±¬ÁÏÍøAT further noted that the Judgment had...

The ±¬ÁÏÍøAT considered an appeal by the Secretary-General of WMO.

The ±¬ÁÏÍøAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The ±¬ÁÏÍøAT was of the view that WMO¡¯s decision purporting to rescind its agreement affected the staff member¡¯s established career and personal...

The ±¬ÁÏÍøAT dismissed the appeal.

The ±¬ÁÏÍøAT first held that the ±¬ÁÏÍøDT erred in law in retroactively applying WMO Staff Rule 193.3(c) when it examined her right to a termination indemnity. At the time the impugned decision was taken, only the 2019 WMO Staff Regulations and Rules were in force and should have been applied. The ±¬ÁÏÍøDT made an error in applying the 2020 law based on the Secretary-General¡¯s submission of the wrong version of the WMO Regulations and Rules to the ±¬ÁÏÍøDT.

The ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT's finding that the Administration¡¯s response to a request for management evaluation is not a...

The ±¬ÁÏÍøAT dismissed the Secretary-General¡¯s appeal and granted Mr. Rolli¡¯s cross-appeal in part. The ±¬ÁÏÍøAT found that the rescission of the termination decision ordered by the ±¬ÁÏÍøDT was ¡°pointless¡± since by the time the case had reached the ±¬ÁÏÍøDT, Mr. Rolli¡¯s post had been abolished. The ±¬ÁÏÍøAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...

The contested decision impacted the Applicant¡¯s terms of appointment or contract of employment. It had a negative impact on the Applicant¡¯s legal situation vis-¨¤-vis his employer and on his ability to properly plan his professional life. It also altered the reason for the Applicant¡¯s separation from service from termination of contract due to abolishment of post to non-renewal. Consequently, the application is receivable ratione materiae.

There is no evidence confirming the alleged operational needs justifying the contested decision to keep the Applicant beyond 31 May 2021. There is enough...

±¬ÁÏÍøAT disagreed and reversed the ±¬ÁÏÍøDT Judgment. The Appeals Tribunal explained that priority consideration is afforded only to redundant staff members holding permanent appointments who have the relative competence and skills for a particular job. Priority consideration is thus premised on candidates first establishing themselves as eligible and suitable for a position. Only then does priority consideration operate to permit their selection. To hold otherwise would require preference to be given to redundant staff members holding permanent appointments despite their lack of skills to...

The Tribunal found it most unlikely that¡ªin the hypothesis that the Applicant¡¯s fixed-term appointment had not already been terminated on 9 May 2018¡ªit would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant¡¯s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

±¬ÁÏÍøAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. ±¬ÁÏÍøAT held that because the factual basis for the JAB¡¯s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. ±¬ÁÏÍøAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...

±¬ÁÏÍøAT considered an application for revision of judgment No. 2019-±¬ÁÏÍøAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by ±¬ÁÏÍøAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required ±¬ÁÏÍøAT to revise its judgment. ±¬ÁÏÍøAT held that neither the remand order of ±¬ÁÏÍøAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

±¬ÁÏÍøAT held that the report of the JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to ±¬ÁÏÍøAT. ±¬ÁÏÍøAT held that such a case must be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. ±¬ÁÏÍøAT noted that the case could not be remanded to the JAB, whose functions were removed by Agreement between the ±¬ÁÏÍø and the WMO, signed on 20 January 2020 and effective the same date. ±¬ÁÏÍøAT remanded the case to ±¬ÁÏÍøDT for adjudication as a result of said Agreement on the extension of the...