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The ±¬ÁÏÍøAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The ±¬ÁÏÍøAT held that she had not met her burden of showing that the impugned Judgment was defective.

The ±¬ÁÏÍøAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøDT¡¯s analysis of the applicable legal framework governing the education grant, specifically the costs admissible for reimbursement, had been erroneous and the ±¬ÁÏÍøDT had exceeded its jurisdiction when it found the promulgation of the amended administrative instruction unlawful. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had failed to provide the reasons, facts and law on which it had based its Judgment.

The ±¬ÁÏÍøAT held that the fees which were clearly intended to cover extra-curricular activities or general non-academic services, and were not intended to cover administrative...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The ±¬ÁÏÍøAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The ±¬ÁÏÍøAT noted that the Agency¡¯s job classification tool had been used to reclassify the staff members¡¯ posts. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT had not erred when it had decided the case in the absence of the full document of the International Civil Service Commission¡¯s ¡°Master Standard for Classification¡±. The ±¬ÁÏÍøAT agreed with the Commissioner-General that the Classification Reports were relevant and sufficient for the ±¬ÁÏÍøRWA DT¡¯s determinations.

The ±¬ÁÏÍøAT held that notwithstanding the various anomalies in the reclassification process, the staff members had failed to show anything specific that...

The ±¬ÁÏÍøAT noted that the health insurance premiums imposed by the UPU in 2023 differed according to factors such as age, retirement status and country of residence.

The ±¬ÁÏÍøAT held that there was no support for the appellants' contention regarding the principle of solidarity used in the Swiss social security law, as for several years such principle had no longer been applied by the UPU.

The ±¬ÁÏÍøAT determined that the rate of the UPU¡¯s contribution did not differ between the various age groups and there was no evidence that the premium increases were inconsistent with the costs the insurance provider...

The ±¬ÁÏÍøAT found that there was clear and convincing evidence that Mr. Hunt, in coordination with colleagues, was covertly communicating with a news media reporter on the Investment Fund transaction, the approval process, and the former Representative of the Secretary-General (RSG)¡¯s role and had thereby leaked information to the reporter.

The ±¬ÁÏÍøAT held that Mr. Hunt failed to prove that his action of reporting possible misconduct within ±¬ÁÏÍøJSPF to outside sources was a protected activity under the Secretary-General¡¯s Bulletin on protection against retaliation. The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT¡¯s...

The ±¬ÁÏÍøAT held that the Secretary-General had not implicitly withdrawn delegated authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (USG/DMSPC) when the Chef de Cabinet sought advice from the USG/DMSPC.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the USG/DMSPC reasonably rejected the report of the March 2020 Alternate Chair. The ±¬ÁÏÍøAT affirmed that the Administration was empowered impliedly to decline to act on a report that it considered as having exceeded its authorized parameters. Moreover, the ±¬ÁÏÍøAT concluded that the USG/DMSPC had the...

The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT did not err in finding that two periods of delay in addressing the former staff member¡¯s complaints was not evidence of bias against her. The ±¬ÁÏÍøAT held that delay alone is not indicative of bias.

The ±¬ÁÏÍøAT further held that the former staff member¡¯s claims related to a certain press release had been decided by prior Tribunal judgments and could not be relitigated.

The ±¬ÁÏÍøAT also found that the ±¬ÁÏÍøDT correctly confirmed that the establishment of the fact-finding Panel, its process of fact-finding and reporting, and its interactions with the former staff member as...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT erred when it found Ms. Fakhouri¡¯s application was receivable.

The ±¬ÁÏÍøAT held that despite being a staff member, the decision with which Ms. Fakhouri took issue was one which related to the terms of a potential contract not as a staff member but as an independent contractor and therefore the contested decision was not one that was appealable. The ±¬ÁÏÍøAT emphasized that Article 2(1)(a) of the ±¬ÁÏÍøRWA DT Statute makes clear that appeals can be brought against administrative decisions where such decisions relate to the staff member¡¯s terms of appointment. But the...

The ±¬ÁÏÍøAT noted that as per ISA¡¯s Staff Rule the ±¬ÁÏÍøAT has the competence to ¡°order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level¡±. The ±¬ÁÏÍøAT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall¡¯s Motion.

However, the ±¬ÁÏÍøAT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB¡¯s decision. Mr...