±¬ÁÏÍø

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

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member¡¯s separation. The ±¬ÁÏÍøAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The ±¬ÁÏÍøAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...

As a preliminary matter, the ±¬ÁÏÍøAT dismissed Mr. Qassem¡¯s request for an oral hearing. The ±¬ÁÏÍøAT found that the factual and legal issues arising from the appeal had been clearly defined by the parties and moreover, an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±.

The ±¬ÁÏÍøAT found that since Mr. Qassem¡¯s fixed-term appointment was extended beyond 31 March 2020, with no effect given to the initial administrative decision not to renew his employment beyond this date, the ±¬ÁÏÍøDT did not err in finding that the application was moot since the administrative decision...

The ±¬ÁÏÍøAT found that the relief sought in the application concerned an issue not previously raised before the ±¬ÁÏÍøDT or the ±¬ÁÏÍøAT, being the recovery of an amount already paid as an admissible expense on a sliding scale.

The ±¬ÁÏÍøAT held that there was nothing in the meaning or scope of the prior Judgment that was unclear or ambiguous, the terms of the order were clear. The ±¬ÁÏÍøAT noted there was no need to interpret the prior Judgment to clarify its meaning, nor were there reasonable doubts about what constituted the ±¬ÁÏÍøAT¡¯s decision or the reasons for it.

The ±¬ÁÏÍøAT was of the view that there was also...

The ±¬ÁÏÍøAT considered three appeals by the applicant.

The ±¬ÁÏÍøAT found that the impugned Order was an interlocutory order and was obviously beyond the competence of the ±¬ÁÏÍøAT.

The ±¬ÁÏÍøAT held that the applicant had not submitted documents to prove being a United Nations staff member and that he had no legal standing before the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT noted that there was no evidence of an offer of appointment having been issued to him for either post. Second, he failed to complete the pre-recruitment formalities for both posts. Third, he failed to confirm, within a reasonable time, his interest and...

The ±¬ÁÏÍøAT dismissed Mr. Neupane's contention that the ±¬ÁÏÍøDT erred when it found that he was contesting the reassignment decision when in fact he was contesting the lack of his Field Central Review Board clearance and roster membership for the reassigned post. The application was quite unclear, and focused mainly on the question of regularity of the reassignment decision which was in line with Mr. Neupane¡¯s request for management evaluation challenging directly and clearly his reassignment. The issue of rostering was raised only as an argument to prove the alleged procedural irregularity of Mr...

Mr. Bwalya appealed.

The ±¬ÁÏÍøAT found that Mr. Bwalya had not demonstrated that the ±¬ÁÏÍøDT erred in finding that it had been established by clear and convincing evidence that he had committed misconduct by instructing a ±¬ÁÏÍøDP staff member to forge a backdated Memorandum of Understanding between the Ethiopian Ministry of Agriculture and the private firm Digata and to make a misrepresentation in a second document, intentionally acting to avoid or deviate from ±¬ÁÏÍøDP¡¯s Financial Regulations, Rules and Procedures through the creation of these documents, and demonstrating favouritism in the award of a...

Mr. Nastase appealed the ±¬ÁÏÍøDT Judgment.

The ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT's finding that it had not been established by evidence that the administrative decision to close his complaint was actuated by bias against him and was therefore unlawful.

The ±¬ÁÏÍøAT dismissed Mr. Nastase's contention that the ±¬ÁÏÍøDT erred in finding that the fact that in 2019, Mr. Nastase had filed a complaint against the CIOS alleging misconduct was unrelated to his performance issues. The ±¬ÁÏÍøAT found that because these events were not part of his complaint of harassment and abuse of authority in relation to his performance...

As a preliminary matter, the ±¬ÁÏÍøAT granted AAM¡¯s request for anonymity. Considering that the Judgment set out medical details regarding AAM, the ±¬ÁÏÍøAT found it necessary to protect his confidential information.

The ±¬ÁÏÍøAT found that there were four issues for adjudication on appeal: 1) whether AAM¡¯s appeal was moot/premature in light of a pending medical determination; 2) whether the ±¬ÁÏÍøDT erred in finding that the Controller had the delegated authority to deny AAM¡¯s claim for compensation under Appendix D; 3) whether the ±¬ÁÏÍøDT erred in finding that the decision of the Controller was reasonable...

The Secretary-General appealed.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in law and fact and reached a manifestly unreasonable decision by concluding that Mr. Hossain had proved on a balance of probabilities that the administrative decision not to renew his fixed-term appointment had been motivated by improper motives and he had been discriminated against. The reasons proffered by the Administration for not renewing Mr. Hossain¡¯s fixed-term appointment, namely the abolition of his post in the context of a reorganization exercise, were valid reasons.

The ±¬ÁÏÍøAT further held that contrary to what Mr...

Ms. Larriera filed an appeal.

±¬ÁÏÍøAT first examined whether Ms. Larriera was entitled to file a claim under Appendix D. ±¬ÁÏÍøAT found that ¨C unlike the Pension case - for the purpose of the Staff Regulations and Rules, the law of Brazil, Mr. M¡¯s national state, was to be the law determining his marital or domestic partnership status as at the date of his death for Appendix D purposes. That status, as determined subsequently by a Brazilian court of competent jurisdiction, was that Mr. M and Ms. Larriera were, as at the date of his death (and despite his still extant French marriage to Ms. M) in...