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±¬ÁÏÍøAT first agreed with the ±¬ÁÏÍøDT that the abolition of post was not a reviewable administrative decision. Second, ±¬ÁÏÍøAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member¡¯s appointment. The staff member¡¯s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a ¡°dry cut.¡± A ¡°dry cut¡± happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

Starting with the presumption that official acts are regularly performed, ±¬ÁÏÍøAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. ±¬ÁÏÍøAT also agreed with the ±¬ÁÏÍøDT that the staff member can only challenge a specific administrative decision, and...

±¬ÁÏÍøAT disagreed and distinguished the case at hand with the two cases cited by the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, ±¬ÁÏÍøAT concluded that the misconduct...

±¬ÁÏÍøAT considered an application for revision of Judgment No. 2020-±¬ÁÏÍøAT-1055. ±¬ÁÏÍøAT found that none of the three new facts sought to be relied on by the applicant could have changed the outcome in any decisions entered against him in the ±¬ÁÏÍøRWA DT, and this test being one of four, all of which must exist for a judgment to be revised, Mr. Zaqqout¡¯s application was dismissed.

It was a reasonable exercise of the Commissioner-General¡¯s discretion to determine that intentionally abusing a position of power and trust against a beneficiary of ±¬ÁÏÍøRWA in a vulnerable situation rendered Mr. Al Khatib unfit for further service with the Agency, and separation from service without termination indemnity was neither unfair nor disproportionate to the seriousness of the offence.

The ±¬ÁÏÍøAT concluded that Mr. Russo-Got failed to show that, in deciding the merits of his claims, the ±¬ÁÏÍøDT erred in fact or in law, or that its Judgment was otherwise flawed.

±¬ÁÏÍøAT considered an appeal by Mr. Postica. ±¬ÁÏÍøAT found no errors in the ±¬ÁÏÍøDT Judgment and dismissed the appeal.

The staff member appealed to ±¬ÁÏÍøAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the ±¬ÁÏÍøICEF job. ±¬ÁÏÍøAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an ¡°official act¡± and as such carried with it ¡°the presumption of regularity¡±. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...

The evidence and submissions on record are insufficient to determine the material issue as to whether the Appellant¡¯s claim for compensation totaled less than, or in excess of, USD 25,000, in order to determine the authority of the Secretary of the ABCC to take the contested administrative decision. Hence the remand to ±¬ÁÏÍøDT to determine whether the Secretary of the ABCC had the valid power to take the contested decision.

The ±¬ÁÏÍøRWA DT acknowledged that the imposed disciplinary measure of separation from service without termination indemnity is one of the most severe disciplinary measures that the Agency can impose on a staff member. Nevertheless, it decided that, given the Appellant¡¯s misconduct in committing corporal punishment to a disabled and highly vulnerable child, and the Agency¡¯s clear zero-tolerance policy towards corporal punishment, the disciplinary measure imposed on the Appellant appeared to be neither absurd nor arbitrary; nor was there any evidence that the measure taken had been tainted by...