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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT rightly identified that the standard of proof for placing the staff member on ALWOP was whether there was reasonable suspicion or reasonable grounds to believe that the staff member had committed the alleged misconduct.

The ±¬ÁÏÍøAT rejected the staff member¡¯s argument that his ex-wife¡¯s withdrawal of the complaint against him in a national court should have stopped all investigations against him. The ±¬ÁÏÍøAT noted that the national court had provided the case records to the Agency, and the Agency, following its complete assessment of the situation, can proceed with...

The ±¬ÁÏÍøAT noted that the staff member had been among the staff whose fixed-term appointments were not renewed due to the closure of the ±¬ÁÏÍøAMID mission.

With regard to his colleague who was laterally reassigned to the Headquarters and consequently remained in service, the ±¬ÁÏÍøAT found that the reassignment had been directly related to the undisputed fact that the colleague could not have been repatriated to Afghanistan for safety and security reasons. The ±¬ÁÏÍøAT was of the view that without the lawfulness of the reassignment decision having been placed before it for determination, it was unable to...

The Appeals Tribunal found that the ±¬ÁÏÍøDT correctly held that it was within the SRO's discretion to make comments on Ms. Abdellaoui¡¯s performance, that the SRO's disputed comments were reasonable and balanced by other comments that provided a positive perspective supporting the overall rating, and that as such they did not detract from the overall satisfactory appraisal. Accordingly, the Appeals Tribunal concurred with the ±¬ÁÏÍøDT¡¯s determination that the challenged performance evaluation was not an ¡°administrative decision¡± and agreed that the application was therefore not receivable ratione...

The ±¬ÁÏÍøAT noted that the Administration had initiated a preliminary investigation into the staff member¡¯s conduct with regard to the ostensible theft of cash from the office safe, reached agreements with him regarding repayment, and then sought initiation of criminal proceedings by filing a criminal complaint and delivering him to the local police. The ±¬ÁÏÍøAT found that because the underlying facts of the case involved his conduct as a United Nations staff member towards his employer, the ±¬ÁÏÍøDT should have been competent to review his application on the merits, had it been timely filed.

The ±¬ÁÏÍøAT...

As a preliminary matter, the Appeals Tribunal dismissed the Appellants' requests for an oral hearing on grounds that an oral hearing would not be expeditious and that in light of comprehensive written submissions nothing would be gained from hearing the Appellants¡¯ counsel in person.

The Appeals Tribunal found that in the absence of an express promise of renewal of the Appellants¡¯ fixed-term appointments, the Appellants did not have a legitimate expectation of renewal of their fixed-term contracts. The statements giving assurances to ±¬ÁÏÍøOPS staff members were not made by a ±¬ÁÏÍøOPS official with...

The ±¬ÁÏÍøAT held that the staff member¡¯s application was not receivable ratione materiae. It further found that the e-mail identified as the contested decision was a general response from the Human Resources Partner to the staff member¡¯s general inquiry regarding SEG, which did not address his personal situation. As such, it did not constitute an individual or final administrative decision affecting his terms of appointment under Staff Rule 11.2(a).

The ±¬ÁÏÍøAT dismissed the appeal and affirmed Judgment No. ±¬ÁÏÍøDT/2023/107, albeit for different reasons, with Judge Colgan dissenting.

The ±¬ÁÏÍøAT upheld the ±¬ÁÏÍøRWA DT¡¯s determination of the former staff member¡¯s chances of selection for the position at one-fourth on alternative grounds. The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT appropriately considered the possibility that the Agency could have introduced additional candidates on an equivalency basis during a second review after the shortlisting phase. In particular, the ±¬ÁÏÍøRWA DT held that, since the sufficient number of candidates for a competitive exercise was normally between three to five candidates per vacancy, it was reasonable to expect that the Agency would have brought more...

The ±¬ÁÏÍøAT noted that before the applicant became a staff member, he had been employed by ±¬ÁÏÍøRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The ±¬ÁÏÍøAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The ±¬ÁÏÍøAT found that upon each expiry of the applicant¡¯s daily-paid service contract, it was successively renewed and he was bound by the Agency¡¯s regulations and...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT had erred in law when it found that the applicable legal framework allowed the interview panel to conduct technical assessments of the candidates. However, the ±¬ÁÏÍøAT held that the procedural irregularity of the panel having held a second round of interviews of a purely technical nature, would not suffice to grant the appeal because the outcome of the recruitment process would have been the same.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT had not erred with regards to the Agency¡¯s failure to correctly apply gender parity rules. The ±¬ÁÏÍøAT found that gender parity had not...

The Appeals Tribunal dismissed both appeals.

The Appeals Tribunal held that the ±¬ÁÏÍøDT correctly found that the Charge Letter did not constitute a reviewable administrative decision, and that as such Mr. Schifferling¡¯s application was not receivable ratione materiae.

The Appeals Tribunal further found that the question of whether the Dispute Tribunal erred in not joining the Secretariat as a necessary party to the application had become moot and that in any event, the interlocutory appeal was not receivable.