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±¬ÁÏÍøAT agreed that the time limit for requesting management evaluation against an administrative decision starts once a staff member has been notified of the decision in writing and in clear and unequivocal terms, which in this case was 18 September 2018. ±¬ÁÏÍøAT also agreed that the subsequent communications were mere reiterations of the prior decision, and a staff member cannot reset the time for management review by asking for a confirmation of an administrative decision that was communicated to him earlier. The date cannot be unilaterally set by the staff member, and as such, it cannot be the...

The staff member filed an appeal to ±¬ÁÏÍøAT arguing that she did not only challenge the withholding of her salary increment, but she also challenged the reasons behind the administrative decision. She claimed the JAB did not review whether there were improper motives behind the administrative decision. ±¬ÁÏÍøAT dismissed the appeal, finding that the claims relating to the salary increment were indisputably moot. She obtained the relief she had originally sought, and accordingly her appeal no longer presented an existing or live controversy. ±¬ÁÏÍøAT explained that any judicial examination of the reasons...

±¬ÁÏÍøAT dismissed the Secretary-General¡¯s appeal and granted the staff member¡¯s cross-appeal, in part. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT properly took into account several facts that were relevant in determining whether there had been sexual exploitation and abuse of vulnerability or trust. The Tribunal reasoned the burden on the Administration was to show on clear and convincing evidence that the staff member¡¯s conduct fell in one of the following five categories: (i) he abused a position of vulnerability for sexual purposes; (ii) he abused a position of differential power for sexual purposes; (iii) he...

±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT finding that it lacked jurisdiction in respect of the staff member¡¯s application to review the determination of the Second Alternate Chair. ±¬ÁÏÍøAT noted that the subject matter jurisdiction of ±¬ÁÏÍøDT is limited to the review of administrative decisions. The determinations of the Second Alternate Chair do not constitute administrative decisions, and as such, any application to review them before the ±¬ÁÏÍøDT is not receivable. ±¬ÁÏÍøAT highlighted that ST/SGB/2017/2/Rev.1 confers on the Ethics Office only the power to recommend, advise and refer, and Section 10.3 of ST/SGB/2017/2/...

±¬ÁÏÍøAT was not able to detect any errors in the ±¬ÁÏÍøDT Judgment, which is in accord with the consistent jurisprudence of ±¬ÁÏÍøAT.

±¬ÁÏÍøDT correctly found that Ms Mokrova¡¯s application was not receivable ratione materiae because she filed a request for management evaluation beyond the 60 days of the notification of the contested decision by the Under-Secretary-General for DSS.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly concluded that Mr Russo-Got¡¯s application against the abolition of his post was not receivable, as he had failed to make a request for management evaluation within time. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT also correctly dismissed his application against the non-renewal of his FTA because he had received notice of the date of the non-renewal, there was no express promise to renew, and ±¬ÁÏÍøOPS was not obliged to find him an alternative post.

Regarding Contested Decision #1, ±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, ±¬ÁÏÍøAT also agreed with ±¬ÁÏÍøDT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, ±¬ÁÏÍøAT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, ±¬ÁÏÍøAT observed that there was no evidence that the staff member ought to have been appointed to the post in...

±¬ÁÏÍøAT disagreed with ±¬ÁÏÍøRWA DT and found the supervisor¡¯s request to the Agency to grant the staff member a special allowance also constituted an implicit request from the staff member himself. ±¬ÁÏÍøAT reasoned that not only did the supervisor act upon the express request of the staff member when he sent the recommendation to the Agency, but it was also apparent and self-understood that both the staff member and the supervisor were a party to the process. Additionally, in this particular case, it is the staff member who followed up with the Agency regarding the status of the supervisor¡¯s request...

±¬ÁÏÍøAT considered both appeals by the Secretary-General and by Mr Hussein Haidar. ±¬ÁÏÍøAT denied the request for an oral hearing. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err in concluding that the facts, on which the disciplinary measure was based, had been established by clear and convincing evidence. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly concluded that the established facts legally amounted to serious misconduct. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not commit an error in procedure such as to affect the decision of the case when considering one of the statements. ±¬ÁÏÍøAT found no error in ±¬ÁÏÍøDT¡¯s finding that the measure of...