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As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the ±¬ÁÏÍøDT judgment insofar as it had not been appealed against, ±¬ÁÏÍøAT denied the motion on the basis that execution should have been requested before ±¬ÁÏÍøDT. On the Appellant¡¯s motion to strike assertions and evidence, ±¬ÁÏÍøAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, ±¬ÁÏÍøAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had committed various errors of law, fact, and procedure. ±¬ÁÏÍøAT held that the whole reasoning of ±¬ÁÏÍøDT was misconstrued and ±¬ÁÏÍøDT did not properly examine the lawfulness of the disciplinary sanction. ±¬ÁÏÍøAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of ±¬ÁÏÍøFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another ±¬ÁÏÍøFPA vendor. Further, ±¬ÁÏÍøAT held that there was...

±¬ÁÏÍøAT noted that in the absence of a university degree, the Appellant did not satisfy the academic criterion stated in the vacancy announcement, but he was long-listed, which meant that ±¬ÁÏÍøRWA took his experience into consideration and decided that his additional years of experience justified his pre-selection. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT erred in fact in considering that ±¬ÁÏÍøRWA did not examine whether the experience of the Appellant could offset his lack of a university degree. ±¬ÁÏÍøAT held that the decision by ±¬ÁÏÍøRWA to limit the short-list to seven candidates with university degrees was reasonable and...

Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, ±¬ÁÏÍøAT dismissed the Appellant¡¯s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General¡¯s appeal in Case No. ±¬ÁÏÍøDT/NBI/2015/095 related to the issue settlement agreement, ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...

±¬ÁÏÍøAT dismissed the Appellant¡¯s motion for leave to file additional pleadings on the basis that he had not demonstrated any exceptional circumstances. ±¬ÁÏÍøAT rejected the Appellant¡¯s request for costs as there was no reason to believe that the submissions of the Secretary-General were not made in good faith or were an abuse of process. ±¬ÁÏÍøAT held that the Appellant did not have a right to promotion but only a right to be considered for promotion. ±¬ÁÏÍøAT held that the Appellant received full and fair consideration for the position. ±¬ÁÏÍøAT also affirmed ±¬ÁÏÍøDT¡¯s application of the priority consideration...

±¬ÁÏÍøAT noted that the Order under appeal was an interlocutory decision because it struck out the matter, which, ±¬ÁÏÍøAT clarified, did not mean that ±¬ÁÏÍøDT had dismissed the application. ±¬ÁÏÍøAT dismissed the appeal as not receivable, noting that the Appellant could supplement her application with ±¬ÁÏÍøDT within 90 days of the date of the publication of the ±¬ÁÏÍøAT judgment.

±¬ÁÏÍøAT held that it was clear from the record that ±¬ÁÏÍøDT did not consider the whole of the evidence in arriving at its decisions and that its determination of the facts was unsustainable. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT based its finding of bias on selected extracts of a report from the Ethics Office which neither positively established bias nor explained how, if at all, the potential bias to which it referred was connected to the selection process. ±¬ÁÏÍøAT held that the need for factual determinations based on the whole of the relevant evidence required the case to be remanded to the ±¬ÁÏÍøDT for a rehearing de...

±¬ÁÏÍøAT recalled its jurisprudence that where a response to a management evaluation request is not received, a staff member has 90 days from when the response is due to file an application to ±¬ÁÏÍøDT. If a response is received after the expiration of that 90-day time limit, the receipt of the response does not reset the clock for filing an application with ±¬ÁÏÍøDT. ±¬ÁÏÍøAT held that, since the MEU¡¯s response was received after the expiration of the 90-day period, it did not reset the clock for the staff member to file an application. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT therefore initially made no error of law in...

±¬ÁÏÍøAT held that the staff member had not voluntarily absented himself from duty. Rather, he reported for duty throughout at the office he had been re-assigned to, his whereabouts were known to the Agency and he clearly did not intend to abandon his position. As to the staff member¡¯s refusal to report to his original position as instructed, ±¬ÁÏÍøAT held that his conduct might have been a performance or conduct issue open to censure or discipline. However, ±¬ÁÏÍøAT held that the Agency failed to determine if the conduct constituted insubordination and, if so, a proportional sanction. Instead, ±¬ÁÏÍøAT held...

±¬ÁÏÍøAT held that the Administration was not under an obligation to pursue a recruitment procedure once begun by filling the post. ±¬ÁÏÍøAT held that the contested administrative decision not to carry the recruitment process through to appointment, but rather to readvertise, was a valid and lawful exercise of the Administration¡¯s discretion, based on sound reasons inextricably linked to the interest of the service, namely the situation in Burundi, the need for additional skills, and compliance with the relevant legal instruments governing the recruitment procedure. ±¬ÁÏÍøAT held that the contested...