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On the decision to postpone the separation on medical grounds, ±¬ÁÏÍøAT noted that a staff member had a right to be compensated for a service-incurred injury. ±¬ÁÏÍøAT found that ±¬ÁÏÍøRWA DT erred in law in determining the decision to postpone the Appellant¡¯s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), ±¬ÁÏÍøAT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, ±¬ÁÏÍøRWA DT...

±¬ÁÏÍøAT dismissed the appeal as not receivable, as the Appellant had failed to request a review of the ±¬ÁÏÍøJSPF decision before appealing to ±¬ÁÏÍøAT. ±¬ÁÏÍøAT remanded the matter for a hearing before the Standing Committee, treating the appeal as if correctly and timely filed as a request for decision review.

±¬ÁÏÍøAT held that the appeal was not receivable ratione temporis, as he did not file it within the prescribed time limits. ±¬ÁÏÍøAT noted that even if the Appellant had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred by Article 7.4 of the ±¬ÁÏÍøAT Statute and was therefore not receivable. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the ±¬ÁÏÍøSPC once they met the prerequisites for election, which they did. ±¬ÁÏÍøAT held that both staff members were duly elected members of the ±¬ÁÏÍøSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. ±¬ÁÏÍøAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as elected...

±¬ÁÏÍøAT considered an appeal from the Secretary-General. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not correctly apply the law in considering Mr Riecan¡¯s challenge to the selection for the post and made errors of law and fact in accepting the staff member¡¯s application. On the ±¬ÁÏÍøDT¡¯s finding that there was a duty of the assessment panel in the course of a selection process to consider the e-PAS reports of the candidate and reflect that consideration in its own report, ±¬ÁÏÍøAT held that (1) ±¬ÁÏÍøDT did not make reference to a specific provision providing for this duty; (2) the fact that the panel did not take into...

±¬ÁÏÍøAT held that a response (or non-response) to a request for management evaluation is a decision or action of a complementary nature, lacking in the qualities of finality and consequence, and thus will not constitute an administrative decision that is alleged to be in non-compliance with the terms of appointment or contract of employment as contemplated in Article 2(1) of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err in its finding that the application was not receivable ratione materiae and that it hence lacked jurisdiction.

±¬ÁÏÍøAT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. ±¬ÁÏÍøAT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that ±¬ÁÏÍøRWA¡¯s decision not to renew the Appellant¡¯s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. ±¬ÁÏÍøAT held that the irregularities in the assessment of the Appellant¡¯s performance were not sufficiently substantial or consequential so as to rebut...

±¬ÁÏÍøAT held that the Appellant had not complied with his obligations under Article 2(1) of the ±¬ÁÏÍøAT Statute. ±¬ÁÏÍøAT held that there were no errors of law, fact, or procedure in the ±¬ÁÏÍøRWA DT judgment. ±¬ÁÏÍøAT held that under the relevant Circular, the Administration only had a duty to consider the Appellant¡¯s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøRWA DT Judgment.

±¬ÁÏÍøAT held that it was not persuaded that ±¬ÁÏÍøRWA DT erred in procedure or otherwise exceeded its jurisdiction such as to warrant reversal of the judgment. ±¬ÁÏÍøAT held that ±¬ÁÏÍøAT held that there was no reason to differ from ±¬ÁÏÍøRWA DT¡¯s findings that ±¬ÁÏÍøRWA had no reason to refer the Appellant to a medical board and that the issue was not relevant as the Appellant did not contest that he was unfit for service, nor did he allege that his health problems were related to his service with ±¬ÁÏÍøRWA. ±¬ÁÏÍøAT further noted that, as the Appellant was over sixty years of age, he was not eligible for a disability...