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The ±¬ÁÏÍøAT reviewed the submission of the Secretary-General that Ms. Lekoetje had already repaid the amounts due to the Organization when she separated from service. The ±¬ÁÏÍøAT acknowledged that Ms. Lekoetje agreed with the Secretary-General¡¯s position, and confirmed that USD 20,987.91 had already been deducted from her final entitlements.

Accordingly, the ±¬ÁÏÍøAT accepted this position, and interpreted Judgment No. 2022-±¬ÁÏÍøAT-1227 as requiring a payment by the Organization to Ms. Lekoetje of a sum equal to one year¡¯s net base salary, but without any further deductions.

The decisive fact relied on by the Secretary-General to justify a revision of the ±¬ÁÏÍøAT judgment is said to be that Mr. Russo-Got inserted false information in his candidature regarding his alleged experience with NATO. The Secretary-General submits that he first became aware of this fact formally when it was made known to ±¬ÁÏÍøOPS after the issuance of the ±¬ÁÏÍøAT judgment.

±¬ÁÏÍøAT held that the facts advanced by the Secretary-General, namely the allegedly false information Mr. Russo-Got had inserted in his candidature, could not be decisive of the Secretary-General¡¯s case and enable him to now...

±¬ÁÏÍøAT considered an appeal by the Secretary-General against Judgment No. ±¬ÁÏÍøDT/2021/032. It also considered a cross-appeal by Ms. Hilaire-Madsen claiming that the ±¬ÁÏÍøDT should have rescinded the Administration¡¯s non-renewal decision and awarded her alternative compensation as well as compensation for moral damages.

As regards the lawfulness of the non-renewal decision, ±¬ÁÏÍøAT held that under the specific circumstances, at the material time of the contested non-renewal decision at the end of December 2018, from the point of view of a fair-minded objective observer, with the information available at...

The ±¬ÁÏÍøAT noted that in this case, the JAB made not a decision, but rather a recommendation to the Registrar of the ITLOS, who in turn, purported to make the decision about Mr. Savadogo¡¯s appeal. The ±¬ÁÏÍøAT recognized that the ITLOS changed and consolidated the relevant Staff Regulations and Rules so that the JAB now makes decisions (from which appeals may be brought to the ±¬ÁÏÍøAT) rather than, as occurred in this case, recommendations to the Registrar of the ITLOS, which the Registrar may or may not accept. However, this amendment came too late for the parties in this case. Thus, the original...

The ±¬ÁÏÍøAT held that it was satisfied that execution of the ±¬ÁÏÍøDT Judgment (as affirmed by the ±¬ÁÏÍøAT) had occurred in Mr. Ozturk¡¯s case. The Administration had complied with the ±¬ÁÏÍøAT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.

The ±¬ÁÏÍøAT observed that Mr. Ozturk appeared only to disagree with the ¡°refund calculation¡± by the Administration for prior overpayments. However, the ±¬ÁÏÍøAT noted that implementation by the Administration of a Tribunal¡¯s order constitutes in itself an...

±¬ÁÏÍøAT endorsed the ±¬ÁÏÍøDT¡¯s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative. ±¬ÁÏÍøAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred with respect to the period for which the staff member was entitled to an SPA. The ±¬ÁÏÍøDT found that the requirements for an SPA had been met for the period 1 August 2015 to 31 January 2018, but due to the timing of his request in December 2018, he was entitled to payment only starting 21 December 2017. The ±¬ÁÏÍøAT agreed with the Secretary-General¡¯s argument that even this payment was in error, because the staff member¡¯s claim to the SPA was made several years after the entitlement to the initial payment came into play in August 2015. The ±¬ÁÏÍøAT held that the...

As a preliminary matter, the ±¬ÁÏÍøAT held that the fact that the ±¬ÁÏÍøDT might have repeated some or most of the Respondent¡¯s arguments and language in its judgment would not be sufficient to undermine the ±¬ÁÏÍøDT¡¯s considerations or determinations.

Regarding the scope of the appeal, the ±¬ÁÏÍøAT held that since the remedy claimed in the appeal does not aim for the rescission of the reassignment, but the placement into a P-5 or D-1 post commensurate with the Appellant¡¯s skills, training, qualifications, and experience for which she has applied and which was not the subject of her initial application, the...

±¬ÁÏÍøAT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. ±¬ÁÏÍøAT thus granted the Secretary-General's appeal and reversed the Second Judgment.

±¬ÁÏÍøAT found not receivable Mr. Mukhopadhyay¡¯s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. ±¬ÁÏÍøAT found that he had made these claims for the first time on appeal and was...

The Secretary-General filed an appeal.

±¬ÁÏÍøAT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS¡¯s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse¡¯s insistence on working only...