±¬ÁÏÍø

The ±¬ÁÏÍøAT held that the staff member's application for revision failed to meet the statutory requirements outlined in Article 11(1) of the ±¬ÁÏÍøAT Statute. The ±¬ÁÏÍøAT concluded that the staff member's arguments essentially reiterated those he previously advanced before the ±¬ÁÏÍøAT and the ±¬ÁÏÍøDT. As a result, the ±¬ÁÏÍøAT held that his application for revision amounted to a request for the ±¬ÁÏÍøAT to reconsider his previous unsuccessful appeal. Moreover, the ±¬ÁÏÍøAT observed that the applicant's submissions contained a number of unfair and inappropriate accusations against persons who had dealt with his case, and...

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT¡¯s conclusion on the receivability of the application but suggested that the ±¬ÁÏÍøDT should have applied a different methodology for determining it.

The ±¬ÁÏÍøAT held that the staff member did not have standing before the ±¬ÁÏÍøDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

The ±¬ÁÏÍøAT interpreted the application as a request for a correction of the previous ±¬ÁÏÍøAT judgment.

The ±¬ÁÏÍøAT noted that the case file of the former United Nations Administrative Tribunal revealed that the President of that Tribunal had extended the deadline for filing the appeal but a copy of that decision had not been placed in the file submitted to the ±¬ÁÏÍøAT. The ±¬ÁÏÍøAT observed that it had rendered its judgment to reject the appeal, without being aware of the President's decision.

The ±¬ÁÏÍøAT found, however, that the staff member's appeal was received by the United Nations Administrative Tribunal...

The ±¬ÁÏÍøAT, citing the principle of res judicata, noted that the authority of a final judgment could not be so readily set aside. The ±¬ÁÏÍøAT held that the limited grounds and the gravest of reasons required for setting aside a final judgment by an appellate court are not met in this case.

The ±¬ÁÏÍøAT found that, as the staff member also acknowledges, the current request fell outside of the permissible grounds for revision, correction, or interpretation.

The ±¬ÁÏÍøAT decided that there were no grounds for it to review this matter in any way, dismissed the staff member's application and affirmed the...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT was correct to find that there was clearly sufficient evidence to support the Administration¡¯s conclusion that the staff member¡¯s performance only partially met expectations, and that this concern was communicated to him. Although the Rebuttal Board¡¯s confirmation of the rating, and the preparation of a second short-term performance appraisal occurred after the non-renewal was taken, the ±¬ÁÏÍøAT concluded that these reviews nonetheless confirmed that management¡¯s prior informal evaluation of the staff member¡¯s performance was not arbitrary but was instead well-based...

Mr. Ronved appealed.

The ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT Judgment.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.? The contested decision before the ±¬ÁÏÍøDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the ±¬ÁÏÍøDT.? The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.? Therefore, the request for management evaluation of both decisions was...

The ±¬ÁÏÍøAT denied the Appellant¡¯s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The ±¬ÁÏÍøAT also denied the Appellant¡¯s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The ±¬ÁÏÍøAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT observed that given...

The ±¬ÁÏÍøAT considered an appeal by the Secretary-General.

The ±¬ÁÏÍøAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The ±¬ÁÏÍøAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The ±¬ÁÏÍøAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The ±¬ÁÏÍøAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The ±¬ÁÏÍøAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had made an error of fact...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT¡¯s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The ±¬ÁÏÍøAT found that there was an error in the ±¬ÁÏÍøRWA DT¡¯s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the ±¬ÁÏÍøRWA would have found her unsuitable for the role at the end of the probationary period.

The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøRWA DT¡¯s methodology of fixing...