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±¬ÁÏÍøAT considered whether ±¬ÁÏÍøDT erred in law or fact resulting in a manifestly unreasonable decision when it found that i) there was no error of procedure stemming from the delay in completing the comments on the Appellant¡¯s rebuttal statement; and ii) the Appellant¡¯s claim regarding the assessment and findings of the rebuttal panel together with her final performance appraisal did not result in a challengeable administrative decision. ±¬ÁÏÍøAT found that, because no explanation was provided for the initial and relevant delay, ±¬ÁÏÍøDT erred in concluding that the reasons given by the administration...

±¬ÁÏÍøAT held that the Appellant failed to challenge the decision that denied the reclassification of her post from a G-8 to a P-2 position within the deadlines of the ICAO Staff Rules 111. 1(7) and 111. 1(5), confirming AJAB¡¯s finding. ±¬ÁÏÍøAT held that there is no obligation of the ICAO Secretary-General to provide a staff member with guidance on the appeals procedure and to advise regarding the time limits. ±¬ÁÏÍøAT held that it does not have jurisdiction to address the merits of the claims the Appellant raises on appeal against the decision that her post was incorrectly classified at the G-8 level...

±¬ÁÏÍøAT considered the appeal. ±¬ÁÏÍøAT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. ±¬ÁÏÍøAT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that ±¬ÁÏÍøRWA DT committed an error of fact or law warranting intervention by ±¬ÁÏÍøAT. ±¬ÁÏÍøAT also found that the Appellant failed to demonstrate any error in ±¬ÁÏÍøRWA DT¡¯s finding and had not provided any evidence in support of his claims that the Agency¡¯s...

±¬ÁÏÍøAT considered the appeal. ±¬ÁÏÍøAT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to ±¬ÁÏÍøDT only challenged the decision to terminate his appointment in 2014. ±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT¡¯s holding that there was no nexus between the reassignment and the abolition of the Appellant¡¯s post. ±¬ÁÏÍøAT also agreed with ±¬ÁÏÍøDT¡¯s finding that ±¬ÁÏÍøFPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. ±¬ÁÏÍøAT denied the Appellant¡¯s request to overturn the impugned judgment on the sole ground of...

±¬ÁÏÍøAT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. ±¬ÁÏÍøAT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, ±¬ÁÏÍøAT found the appeal to be defective and not allowed. ±¬ÁÏÍøAT dismissed the appeal and affirmed ±¬ÁÏÍøRWA DT¡¯s judgment.

±¬ÁÏÍøAT rejected the request for an oral hearing since it did not find that an oral hearing would assist in the expeditious and fair disposal of the case. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT Summary judgment, finding that the application was manifestly inadmissible, was not tainted by any errors. ±¬ÁÏÍøAT held that the Appellant was asking for the execution of an alleged default judgment issued by the first instance court in the previous proceedings more than six years earlier, and for enforcement of a non-existent mediation agreement. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøAT held that the Appellant had failed to make a request for correction of her current contract. ±¬ÁÏÍøAT held that it could not step outside its statutory remit and examine the merits of the Appellant¡¯s claim for payments under her current contract when she had made no request for a review regarding it. ±¬ÁÏÍøAT held that JAB did not err in finding the Appellant¡¯s claims of 30 December 2015 for revision of her step level under the previous contract as not receivable since the Appellant submitted her request more than a year from the date on which she received her first salary or ¡°initial payment¡±...

The staff member filed an application for execution of judgment No. 2015-±¬ÁÏÍøAT-604 (Ocokoru). ±¬ÁÏÍøAT noted that in judgment 2015-±¬ÁÏÍøAT-604, it did not make any order affecting the ±¬ÁÏÍøDT judgment that was appealed but simply decided that the Secretary-General¡¯s appeal was not receivable. ±¬ÁÏÍøAT held that the execution of the ±¬ÁÏÍøDT judgment remained within the jurisdiction of ±¬ÁÏÍøDT and, as such, it was not competent to grant the staff member¡¯s application. ±¬ÁÏÍøAT observed that Article 27 (Execution of judgments) of the ±¬ÁÏÍøAT Rules of Procedure, when read together with Article 11.4 of the ±¬ÁÏÍøAT Statute...

±¬ÁÏÍøAT denied the request for an oral hearing. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. ±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT that the application was not receivable. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT¡¯s finding that the application contesting the decision to recover overpayments was not receivable ratione temporis was correct since the Appellant waited nearly two years until filing his application to the ±¬ÁÏÍøDT, which was clearly outside the time limit. ±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT that the Appellant¡¯s application against the decision to reject retroactive payment of dependency allowance for his adopted children was not receivable ratione materiae because the Appellant failed to request management evaluation within the time limits provided in Staff Rule 11. 2. ±¬ÁÏÍøAT dismissed the...