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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 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 held the staff member¡¯s appeal of the ±¬ÁÏÍøDT Judgment was defective as it failed to identify any of the five grounds of appeal set out in Article 2.1 of the ±¬ÁÏÍøAT Statute. ±¬ÁÏÍøAT ruled that the appellant had failed to explain why the dismissal of his application by the ±¬ÁÏÍøDT was erroneous. Additionally, ±¬ÁÏÍøAT also held that it found no error in the practice of the ±¬ÁÏÍøDT to dismiss an application for want of prosecution when there is sufficient reason to assume that the applicant is no longer interested in the litigation, based on Article 19 (Case management) and Article 36 (Procedural matters not...

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

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT¡¯s finding that the challenge to the decision by the Secretary-General not to waive Mr Dolgopolov¡¯s immunity was not receivable on the ground that it was an executive/political decision is incorrect. ±¬ÁÏÍøAT held, however, that ±¬ÁÏÍøDT was correct in finding Mr Dolgopolov¡¯s applications not receivable, but for other reasons. ±¬ÁÏÍøAT held that Mr Dolgopolov¡¯s applications were not receivable, because he did not refer the impugned decision regarding his request to sue the Ukrainian Ambassador to management evaluation, and the decision in respect of G-4 visa restrictions imposed by the...

±¬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.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT¡¯s interpretation of the totality of the evidence on the record was reasonable. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had correctly found that Mr Russo-Got was Candidate A for the P-3 test and Candidate F for the P-4 test and that ±¬ÁÏÍøOPS had submitted contemporaneous documentation showing that he was not recommended because he had failed the written assessment for the two tests. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT properly reviewed the contested decisions in accordance with the applicable law.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in considering that the recruitment exercise was the same and the cancellation of RFR 104637 was just a preparatory step of the selection process because ±¬ÁÏÍøDT ignored the difference in the requirements and in the legal framework applicable to those very distinctive ways of contracting and in which each of these contracts is deployed. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT also erred in fact when it found that certain ±¬ÁÏÍøAT precedents were applicable to the present case because the facts in the present case are not materially identical to those in the cited ±¬ÁÏÍøAT precedents.

The evidence of procedural errors and irregularities supported the Dispute Tribunal¡¯s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by ±¬ÁÏÍøDT and by which ±¬ÁÏÍøDT assessed Mr.; Russo-Got¡¯s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by ±¬ÁÏÍøDT, ±¬ÁÏÍøAT defers to its discretion in awarding and quantifying the pecuniary damages.

±¬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.