±¬ÁÏÍø

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT was correct in finding that the statement dated 26 November 2003 was neither a decision to terminate the Appellant¡¯s appointment nor a disciplinary measure. ±¬ÁÏÍøAT held that the statement was merely a publicly stated opinion which had no legal consequences on the Appellant who, in addition to having already been informed on 29 October 2003 that his contract would not be renewed beyond 30 November 2003, had also declared that he would not be able or willing to continue working for ±¬ÁÏÍøODC after his contract expired. ±¬ÁÏÍøAT accordingly dismissed the appeal and affirmed the ±¬ÁÏÍøDT...

The Appellant contested the ±¬ÁÏÍøDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. ±¬ÁÏÍøAT held that if the Administration does not comply with a Tribunal¡¯s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT finding that the Administration¡¯s decision must be deemed unlawful, as the Secretary-General refused to comply...

±¬ÁÏÍøAT held that there was no valid claim of unfair treatment and discrimination by the Appellant against the former Chief of ATS and ±¬ÁÏÍøDT therefore correctly limited its consideration to the interview process. ±¬ÁÏÍøAT held that the Appellant was merely repeating arguments that were adequately considered by ±¬ÁÏÍøDT and that there were no reasons to reverse ±¬ÁÏÍøDT¡¯s judgment. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøAT considered Ms Worsley¡¯s appeal and the Secretary-General¡¯s cross-appeal. ±¬ÁÏÍøAT held that there was no evidence that OSLA¡¯s decision to not represent Ms Worsley was based on her disability. ±¬ÁÏÍøAT noted that Ms Worsley did not show how OSLA¡¯s actions affected her rights or her case, as she was simply repeating arguments that ±¬ÁÏÍøDT previously considered in its judgment. ±¬ÁÏÍøAT dismissed the appeal and cross-appeal and affirmed the ±¬ÁÏÍøDT judgment with regard to its decision that the right of staff members to receive assistance from OSLA does not amount to a right to be represented by OSLA.

±¬ÁÏÍøAT considered appeals from both the Secretary-General and M Akyeampong on the issue of whether Ms Akyeampong could be denied a promotion on account of the two reprimands. ±¬ÁÏÍøAT held that the two reprimands had not been an obstacle to Ms Akyeampong filling a D-1 position or being recommended for a promotion. Moreover, ±¬ÁÏÍøAT held that the presence of the two reprimands had not debarred her from being promoted during the 2009 annual promotion session. ±¬ÁÏÍøAT allowed Ms Akyeampong¡¯s appeal in part, rescinded the impugned decision and dismissed the Secretary-General¡¯s appeal, with Judge Weinberg de...

±¬ÁÏÍøAT considered Mr Al Sayyed¡¯s appeal and found that the decision to terminate his service, effective from close of business 15 December 2007, and as communicated to him on 30 November 2007, was superseded by the action he took on 4 December 2007, an action reinforced by him on 7 January 2008. Under these circumstances, ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA did not err in dismissing Mr Al Sayyed¡¯s appeal against his termination on the basis that there was no termination decision capable of review. ±¬ÁÏÍøAT dismissed the appeal.

±¬ÁÏÍøAT considered Mr Kamynyi¡¯s appeal and the Secretary-General¡¯s cross-appeal. ±¬ÁÏÍøAT rejected Mr Kamunyi¡¯s appeal in its entirety and held that it is within the Administration¡¯s discretion to reassign a staff member to a different post at the same level and that such a reassignment is lawful if it is reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT rightfully rejected Mr Kamunyi¡¯s request for legal costs, noting that no legal costs were owed to a party when the opposing party had not abused the process. With...

±¬ÁÏÍøAT considered the Appellant¡¯s appeal. ±¬ÁÏÍøAT noted that the established facts showed that the Appellant¡¯s negligence as Head Storekeeper facilitated the misconduct of other staff members and his negligence was evidenced by the excess of merchandise in the storeroom under his control, and by his failure to keep an inventory of the items in his custody. ±¬ÁÏÍøAT held that the Appellant neither successfully rebutted these facts, nor demonstrated any flaws in the administrative and disciplinary procedures. ±¬ÁÏÍøAT held that the sanction of demotion was lawful. ±¬ÁÏÍøAT dismissed the appeal and affirmed the...

±¬ÁÏÍøAT held that the Appellant¡¯s application was submitted to ±¬ÁÏÍøDT after the expiration of the response period; the response period began on the date on which she received a letter from the Management Evaluation Unit informing her that her request for a management evaluation was not receivable because, as a judge, she was not a staff member or a former staff member within the meaning of the Staff Rules. ±¬ÁÏÍøAT held that the Appellant¡¯s claims that the ±¬ÁÏÍøDT judge erred on a question of fact, by considering the letter as the decision that concluded the management evaluation, and that it erred on a...

±¬ÁÏÍøAT noted that ±¬ÁÏÍøDT correctly stated that the former ±¬ÁÏÍø Administrative Tribunal considered and rejected all of the Appellant¡¯s other pleas and that for this reason, the matter of interest was res judicata. ±¬ÁÏÍøAT also noted that ±¬ÁÏÍøDT ordered the Secretary-General to make a payment of USD 25,000 as compensation for the excessive and inordinate delays and the emotional harm and to arrange for a Medical Board to consider outstanding invoices. ±¬ÁÏÍøAT found that, as the Secretary-General did not appeal, he had therefore accepted the ±¬ÁÏÍøDT¡¯s decision and financial award. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT¡¯s decision...