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The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The ±¬ÁÏÍøDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The ±¬ÁÏÍøAT held that the absence of a case management discussion and an oral hearing before the ±¬ÁÏÍøDT was not a procedural error.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred. The ±¬ÁÏÍøAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant¡¯s objective...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the facts underlying the written reprimand were established. The ±¬ÁÏÍøAT agreed that Ms. Kamara-Joyner¡¯s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for ±¬ÁÏÍøOMS and as President of ±¬ÁÏÍøPAD. The ±¬ÁÏÍøAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT did not err in its award of in-lieu compensation. It appropriately considered Mr. Fanous¡¯ chance of selection for the post when it stated that it considered there was no guarantee of a future selection. The ±¬ÁÏÍøRWA DT applied a context-specific lump sum amount. It considered the likelihood of selection and Mr. Fanous¡¯ salary at the time. It made a determination that was fair and just in the present case but also took a principled approach that considered all relevant considerations.

As to Mr. Fanous¡¯ request for moral damages, with regard to the First and...

The Secretary-General filed an appeal.

The Appeals Tribunal found that the ±¬ÁÏÍøDT exceeded its jurisdiction and erred in law when it interpreted Staff Rule 6(3)(a) as allowing Ms. Barbulescu as a commissioning mother in a surrogacy to be entitled to maternity leave contrary to the clear and unambiguous Staff Regulations and Rules. The ±¬ÁÏÍøDT enlarged the scope of Staff Rule 6(3) to an extent that it made a policy decision which is in the purview of the Secretary-General. Further, the Dispute Tribunal erred in making factual findings without evidence.

The Appeals Tribunal however held that the...

The ±¬ÁÏÍøAT noted that several months after the Secretary-General had been notified of the Judgment, the only action taken was that some responses had been elicited from four staff members alleged in the complaint to have engaged in misconduct and that ¡°these responses alongside the 22 pages and 18 annexes¡± to the complaint were under review.

Noting the justification of the Secretary-General for the inaction that in the instant matter, no specific time had been set for execution, the ±¬ÁÏÍøAT held that the Administration had not acted as promptly as per the obligations imposed on it, "within a...

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

The ±¬ÁÏÍøAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The ±¬ÁÏÍøAT was of the view that WMO¡¯s decision purporting to rescind its agreement affected the staff member¡¯s established career and personal...

The ±¬ÁÏÍøAT held that the Appellant¡¯s travel was not authorized pursuant to Staff Rule 7.10 because she had just one approved day of annual leave on 24 June 2021 followed by a period of R&R from the 12 July to 16 July 2021. The ±¬ÁÏÍøAT also found that the Administration took the appropriate action by sending her on 25 July 2021 an e-mail reminding her that all the international staff members had to submit their Sudanese visa renewal application in a timely manner. The ±¬ÁÏÍøAT held that the events that delayed the Appellant¡¯s return to her duty station could not be construed as force majeure as they...

The ±¬ÁÏÍøAT declined Mr. Turk¡¯s request for an oral hearing, and found no error in the ±¬ÁÏÍøDT¡¯s decision not to order the production of additional documents.

The ±¬ÁÏÍøAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The ±¬ÁÏÍøAT also confirmed that the Tribunals will not interfere with the Organization¡¯s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the ±¬ÁÏÍøAT held that the...

The ±¬ÁÏÍøAT held that there was a clear disjunct in the ±¬ÁÏÍøDT¡¯s decision to grant Mr. Nair¡¯s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision. The ±¬ÁÏÍøAT noted the confusion presented by ±¬ÁÏÍøDT¡¯s finding that ¡°no misconduct occurred at all¡±, while at the same time accepting that Mr. Nair had ¡°repeatedly reacted and used hostile language¡± which justified, in the ±¬ÁÏÍøDT¡¯s view, the imposition of administrative measures. The ±¬ÁÏÍøAT held that the administrative measures under Staff Rule 10.2(b)...