±¬ÁÏÍø

The ±¬ÁÏÍøAT disagreed with the ±¬ÁÏÍøDT¡¯s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior ±¬ÁÏÍøDT case concerning ABE. The ±¬ÁÏÍøAT considered it clear that the issues before the ±¬ÁÏÍøDT had previously been decided by the Dispute Tribunal. The issue of alleged negligence in making medical referrals was therefore res judicata and should not have been considered again by the ±¬ÁÏÍøDT in the case on appeal. The ±¬ÁÏÍøAT thus agreed with the conclusion of the ±¬ÁÏÍøDT that ABE¡¯s application was not receivable, but it came to this conclusion for different reasons.

The...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months¡¯ non-payment of his salary. However, the ±¬ÁÏÍøAT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months¡¯ non-payment was timely, rendering his application partially receivable.

The ±¬ÁÏÍøAT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...

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 determined that the former staff member¡¯s claims for compensation under Appendix D based on ±¬ÁÏÍøAMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The ±¬ÁÏÍøAT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The ±¬ÁÏÍøAT found that both elements of the Appendix D claim were premature and should have been declared...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in dismissing both applications as not receivable. Regarding the first application, ±¬ÁÏÍøAT found that the Settlement Agreement encompassed all disciplinary sanctions imposed on 9 December 2022, including the deferment of eligibility for salary increment. Therefore, the ±¬ÁÏÍøDT was wrong to conclude that the deferment was outside the scope of the Agreement and that the Agreement had been fully implemented. The application for enforcement was properly receivable.

As to the second application, ±¬ÁÏÍøAT held that the Administration¡¯s interpretation of the Settlement...

The ±¬ÁÏÍøAT held that the former staff member filed his appeal within the statutory deadline.It noted that since he filed his application before the ±¬ÁÏÍøDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the ±¬ÁÏÍøDT Judgment in that same language.As he received the ±¬ÁÏÍøDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the ±¬ÁÏÍøAT held that it was filed timely.

Nevertheless, the ±¬ÁÏÍøAT found that the former staff member¡¯s application before the ±¬ÁÏÍøDT was not receivable ratione temporis.The ±¬ÁÏÍøAT observed that the former staff member...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The ±¬ÁÏÍøAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The ±¬ÁÏÍøAT held that the administrative decision concerning reimbursements to the staff member took effect in law on 7 May 2019, when he received the wire transfer from the Organization. The reasons for this reimbursement amount were discussed with him shortly before the wire transfer was made. Although explanations of the underlying calculations were repeated in subsequent email exchanges with the staff member, those repetitions were not additional or new administrative decisions that were open to challenge by the staff member, thereby resetting the statute of limitations.

The ±¬ÁÏÍøAT found that...

The ±¬ÁÏÍøAT held that the staff member¡¯s application was not receivable, as he did not file a timely request for management evaluation of the contested decision.

The ±¬ÁÏÍøAT observed that the staff member was notified of the contested decision on 9 November 2023. Accordingly, he had until 8 January 2024 to file his request for management evaluation, but instead filed it on 12 August 2024, more than 270 days after being notified of the contested decision. It further found that, even assuming that he was notified of the contested decision in February 2024, his request was still submitted well...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the former staff member¡¯s application was not receivable because most of the contested decisions were either time-barred, res judicata, or did not constitute appealable administrative decisions. The ±¬ÁÏÍøAT found that the Advisory Board on Compensation Claims (ABCC) correctly determined that the claim for compensation under Appendix D remained time-barred under Article 2.1(b) and that the requirements for waiver under Article 2.1(e) were not met, as there was no evidence of incapacity preventing timely filing. The ±¬ÁÏÍøAT further held that...