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The ±¬ÁÏÍøAT held that the ICAO Appeals Board implemented internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the Appeals Board no longer provided only advice or mere recommendations to the ICAO Secretary General, but rather final decisions and, therefore, was a neutral first instance process. It further found that while it might have been open to ICAO to consider using the ±¬ÁÏÍøDT for resolution of staff member disputes, it was free not to do so and cannot be criticised for doing as it did. It concluded that the Appeals Board¡¯s...

The ±¬ÁÏÍøAT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

The ±¬ÁÏÍøAT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...

The ±¬ÁÏÍøAT considered an appeal by Mr. Dahoud.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.

The ±¬ÁÏÍøAT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit. Nor does this medical...

The ±¬ÁÏÍøAT held that because the possible error in the assessment of the facts by the ±¬ÁÏÍøDT had no bearing on the outcome of the case, the Secretary-General¡¯s cross-appeal could not be received.

The ±¬ÁÏÍøAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying ¡°no¡± to the question whether he had ¡°ever been indicted, fined or imprisoned for the violation of...

Where a staff member is challenging many different administrative decisions to be considered as a whole,with cumulative effect, there is no need to challenge them (by a management evaluation request and then application before the Tribunal) one by one.

The Applicant alleged that he was deprived of his core functions in 2018 and 2019, that is more than two years before the application. He only requested management evaluation in April 2021 against a 2018 decision, and not towards the subsequent administrative decisions.

Even if the Tribunal accepted that the last of the adverse decisions was...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that, in his appeal, the staff member failed to state the grounds of appeal, identify the defects of the impugned judgment and demonstrate on which grounds it was erroneous.

The ±¬ÁÏÍøAT noted that, in reaching its conclusion, the ±¬ÁÏÍøRWA DT found that the staff member admittedly did not submit a request for decision review. The ±¬ÁÏÍøRWA DT did not err when it found that the staff member¡¯s application was on that basis not receivable ratione materiae.

The ±¬ÁÏÍøAT dismissed the appeal and affirmed Judgment No. ±¬ÁÏÍøRWA/DT/2022/022.

The ±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing. It held that, pursuant to Article 18 of the Appeals Tribunal Rules of Procedure, an oral hearing would not be of any assistance in this case as the issue for consideration was straightforward and not complex.

The ±¬ÁÏÍøAT found that the Appellant¡¯s attempt to broaden the scope of the issue for consideration was untenable. The ±¬ÁÏÍøAT concluded that it was clearly agreed at the case management discussion (CMD) that the issue for determination was the desired reclassification of Mr. Menon's post from the P-4 to the P-5 level and that the...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that because of a combination of the staff member¡¯s failure to recall the events in question and of the ±¬ÁÏÍøDT¡¯s decision (concurred in by the parties) not to hold an in-person hearing, the ±¬ÁÏÍøDT had appropriately referred to the investigation report.

The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøDT had correctly determined the staff member¡¯s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The ±¬ÁÏÍøAT held that the...

±¬ÁÏÍøAT considered an appeal by Mr. Webster. ±¬ÁÏÍøAT held that although the current legal framework (ISA Staff Rule 11.2), mentions the establishment of a neutral first instance process with staff participation to take a decision upon any appeal by staff members against an administrative decision alleging the non-observance of their terms of appointment, including all pertinent regulations and rules, there is, to this date, no such neutral first instance process. According to the Staff Rules, the JAB Panel shall submit a report to the Secretary-General, who takes the final decision.

While it is...

The ±¬ÁÏÍøAT first dismissed Mr. Okwakol¡¯s appeal of the ±¬ÁÏÍøDT Order, finding that Mr. Okwakol¡¯s complaints about what the ±¬ÁÏÍøDT decided it would admit into evidence and what submissions it would consider in deciding his substantive case, were remediable as part of his appeal on the merits if they were wrongly decided.

The ±¬ÁÏÍøAT agreed that the ±¬ÁÏÍøDT was correct to admit the audio-recording made by the SEA victim because this evidentiary material was relied upon by the Administration in taking the decision to impose the disciplinary measure of separation from service. The audio-recording needed to...