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The ±¬ÁÏÍøAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked ±¬ÁÏÍø vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...

Mr. Pierre filed an appeal. ±¬ÁÏÍøAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. ±¬ÁÏÍøAT was satisfied that the ±¬ÁÏÍøDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. ±¬ÁÏÍøAT also found that Mr. Pierre had not provided sufficient evidence that the...

Mr. Russo-Got appealed. The ±¬ÁÏÍøAT held that the evidence incontrovertibly established that Mr. Russo-Got had failed to challenge any blacklisting decision in his request for management evaluation. Moreover, while the application contained references to several posts for which he had applied and had not been selected, he did not request management evaluation of any selection decision nor did he appeal any particular selection decision in his application to the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT found that ±¬ÁÏÍøDT accordingly had not erred in finding that the claims in the application regarding the alleged...

Mr. Mousa appealed. As regards Mr. Mousa¡¯s request for an oral hearing, the ±¬ÁÏÍøAT held that he did not provide a compelling reason why an oral hearing should be granted in this appeal. As the case deals with the issue of receivability ratione materiae, an oral hearing is not necessary and would not ¡°assist in the expeditious and fair disposal of the case¡± within the meaning of Article 18(1) of the ±¬ÁÏÍøAT¡¯s Rules of Procedure. The ±¬ÁÏÍøAT also found that Mr. Mousa¡¯s appeal did not refer to any of the grounds of appeal mentioned in Article 2(1) of the ±¬ÁÏÍøAT Statute. The only submission regarding the...

As regards the request for an oral hearing, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing. The ±¬ÁÏÍøRWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT and upheld...

The application was rejected as not receivable because it was filed more than three years after the receipt of the contested decisions.

There was no evidence on record of a management evaluation request submitted by the Applicant. Instead, the instant application was preceded only by an ME request made in October 2021, by a colleague of the Applicant, one Mr. AA. The Tribunal found that it was apparent however, that the Applicant considered the said ME request to have been made on his behalf as one of the affected members of the ±¬ÁÏÍøAMID national staff. The ME request was submitted more than four years after the Applicant received notification of the administrative decision being contested. The application was accordingly not...

The Applicant contests his non-selection and being found not suitable for the position advertised under JO 18186. He identified as the contested decision the Management Evaluation Unit's response dated 24 March 2021. However, a management evaluation response is not a judicially reviewable administrative decision. Accordingly, the application is not receivable ratione materiae. The above notwithstanding, the Tribunal recalls that it falls under its competence ¡°to individualize and define the administrative decision impugned by a party and identify what is in fact being contested and so, subject...

The Tribunal found that there were several reasons why the application was not receivable: the impugned decision was merely a prefatory act , moreover, as such, it was sub judice in Case No. ±¬ÁÏÍøDT/NBI/2022/6. However, on a purely formal plane, the application had been filed out of time.

The Tribunal had no jurisdiction to determine this application on the merits as it challenged a decision that was not submitted for management evaluation in a timely manner. The application was filed without being preceded by a timely filing of a request for management evaluation.