2020-��AT-1012

��AT Held or ��DT Pronouncements

��AT denied the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. ��AT held, recalling the Spinardi jurisprudence (judgment No. 2019-��AT-957), that the decision on the Appellant��s complaints was not made utilizing a neutral first instance process as required jurisdictionally by Article 2. 10 of the ��AT Statute. ��AT noted that the appealed decision was made by the ICAO Secretary-General whose own earlier decision(s) the Appellant had challenged. ��AT allowed the appeal and set aside the ICAO Secretary-General��s and/or the AJAB��s decision and remanded the case to AJAB for decision in accordance with Article 2.10 of the ��AT Statute.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to appoint her to a post. The ICAO AJAB recommended her appeal be dismissed. The ICAO Secretary-General accepted the ICAO AJAB recommendation and rejected the appeal.

Legal Principle(s)

In order to establish ��AT��s jurisdiction, an agency, Organisation or entity must utilize a neutral first instance process that includes a written record and a written decision. Neither the opinion nor a recommendation of the ICAO Advisory JointAppeals Board (AJAB) or the subsequent ICAO Secretary-General��s decision can be considered a neutral first instance process.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered; No relief ordered.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Heftberger

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement