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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the staff member¡¯s application was not receivable because he failed to request management evaluation of the contested decision within the 60-day statutory time limit. The ±¬ÁÏÍøAT determined that, since the staff member was notified on 27 and 28 April 2022 of the rejection of his request for medical evaluation, he had 60 days from that date to submit his request for management evaluation. However, he only submitted his request to the Management Evaluation Unit on 3 November 2022, and later to the United Nations Development Programme (±¬ÁÏÍøDP) on...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the disciplinary measure imposed was lawful.

The ±¬ÁÏÍøAT rejected the former staff member¡¯s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The ±¬ÁÏÍøAT held that this argument was not admissible, as it had already been presented before the ±¬ÁÏÍøDT.

In any event, the ±¬ÁÏÍøAT determined that the decision from DWB constituted a...

The ±¬ÁÏÍøAT held that the former staff member did not meet the burden of showing that the ±¬ÁÏÍøDT Judgment was defective, instead merely arguing that the decision was not fair. On the contrary, the ±¬ÁÏÍøAT found that in not renewing her fixed-term appointment, the Administration acted lawfully and fairly.

The ±¬ÁÏÍøAT emphasized that the Administration¡¯s decision was part of a genuine restructuring which involved, among other measures, reprioritizing existing resources through reassignment, redeployment, and reclassification of staff, including the redeployment of the former staff member¡¯s position from...

The ±¬ÁÏÍøAT held that the application for revision had no merit. The ±¬ÁÏÍøAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The ±¬ÁÏÍøAT noted furthermore that the applicant¡¯s submissions essentially repeated or added to the same arguments that she had raised before the ±¬ÁÏÍøAT in the prior proceedings.

In addition, the ±¬ÁÏÍøAT pointed out that in failing to comply with the Order in which the ±¬ÁÏÍøAT granted in...

The ±¬ÁÏÍøAT noted that the applicant had filed the application for revision some three months after she became aware of the decisive facts as identified in the application. The ±¬ÁÏÍøAT held that the application had been filed beyond the 30-day time limit and was, therefore, not receivable.

The ±¬ÁÏÍøAT found that, in any event, one of the documents had not been in existence at the time of the ±¬ÁÏÍøAT Judgment. The ±¬ÁÏÍøAT also noted that the document had not been decisive in reaching a decision in the appeal and, for this reason, the application was an attempt to re-litigate the appeal. The ±¬ÁÏÍøAT concluded...

Ms. Ocokoru filed an appeal.

The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that Ms. Ocokoru had failed to file her appeal within the applicable time limit pursuant to Article 7(1) of the ±¬ÁÏÍøAT Statute and had failed to request a suspension, waiver or extension of the time limits. The ±¬ÁÏÍøAT concluded that the appeal was therefore time-barred and not receivable ratione temporis.

The Appeals Tribunal found that, in any event, the ±¬ÁÏÍøDT did not err in finding the application not receivable ratione materiae on grounds that the arguments raised by Ms. Ocokoru had already...

The Appeals Tribunal concluded that the ±¬ÁÏÍøDT did not err in finding that the Administration had established that AAR had unlawfully disclosed confidential information and had unlawfully failed to disclose a conflict of interest and recuse himself.

The Appeals Tribunal was also satisfied that the administrative measure imposed on AAR was proportionate to his misconduct, and that the ±¬ÁÏÍøDT did not commit any error in awarding moral damages for the harm AAR incurred due to the undue delay in completing the disciplinary process.

The Appeals Tribunal therefore dismissed the appeals.

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the ±¬ÁÏÍøDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...

As a preliminary matter, the Appeals Tribunal dismissed Mr. Wan's argument that he had been placed at a considerable disadvantage, directly impacting the outcome of the case, by the fact that he had been unrepresented before the ICAO Appeals Board.

Turning to the merits of the case, the Appeals Tribunal affirmed the findings of the Appeals Board that on clear and convincing evidence two counts of misconduct had been proved to have been committed by Mr. Wan which justified the imposition of the sanction of dismissal. On the material presented by the Secretary-General to the President, the...

With respect to the alleged discriminatory and arbitrary application of ICAO Staff Rule 105.3 regarding overtime, the Appeals Tribunal was satisfied that the Appeals Board had made no error in finding that Mr. Alvear had failed to identify any specific appealable administrative decision, and that it therefore did not err in dismissing his application.

Turning to Mr. Alvear¡¯s complaint that he did not receive the desk audit classification results for his position, the Appeals Tribunal found that the ICAO Appeals Board did err in finding the application not receivable since the Administration¡¯s...