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The Appellant sought reversal of the ±¬ÁÏÍøDT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. ±¬ÁÏÍøAT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. ±¬ÁÏÍøAT held that the Appellant failed to submit a request for management evaluation. ±¬ÁÏÍøAT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. ±¬ÁÏÍøAT dismissed the appeal and...

±¬ÁÏÍøAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. ±¬ÁÏÍøAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

As preliminary matters, ±¬ÁÏÍøAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by ±¬ÁÏÍøAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...

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 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 Appellant had demonstrated no exceptional circumstances which would justify ±¬ÁÏÍøAT exercising its discretion to file additional pleadings. ±¬ÁÏÍøAT held that an application before ±¬ÁÏÍøDT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. ±¬ÁÏÍøAT held that the...

±¬ÁÏÍøAT held that the Appellant¡¯s request for management evaluation was time-barred and that ±¬ÁÏÍøDT correctly ruled that his application was not receivable ratione materiae. Whilst the Appellant could and did request further information about the recruitment exercise, such request did not in any way impact the statutory time limit contained in Staff Rule 11. 2(c). In addition, ±¬ÁÏÍøAT held that the additional evidence the Appellant sought to submit on appeal bore no relevance to the case and rejected his request. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøAT held that the appeal was entirely without merit. ±¬ÁÏÍøAT upheld the ±¬ÁÏÍøDT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. ±¬ÁÏÍøAT affirmed, albeit for different reasons, ±¬ÁÏÍøDT¡¯s final legal conclusion that the Applicant¡¯s application was not receivable ratione materiae. ±¬ÁÏÍøAT held that there was no reviewable administrative decision in the Appellant¡¯s application. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT exceeded its competence in reviewing Mr Omwanda¡¯s EOD date, as it was not subject to a timely request for management evaluation. ±¬ÁÏÍøAT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. ±¬ÁÏÍøAT held ±¬ÁÏÍøDT was statutorily barred from hearing Mr Omwanda¡¯s application. ±¬ÁÏÍøAT upheld the appeal and vacated the ±¬ÁÏÍøDT judgment.

The ±¬ÁÏÍøDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, ±¬ÁÏÍøAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that ±¬ÁÏÍøDT had committed any error of fact or law in arriving at its decision. ±¬ÁÏÍøAT held that Mr Harris¡¯ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, ±¬ÁÏÍøAT found no reason to differ from the ±¬ÁÏÍøDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...