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The ±¬ÁÏÍøAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator. The ±¬ÁÏÍøAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans. The ±¬ÁÏÍøAT found that the Organization¡¯s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The ±¬ÁÏÍøAT also found that Mr. Guenfoudi¡¯s allegations that his...

Ms. Mkhabela appealed.

As regards receivability ratione temporis, the ±¬ÁÏÍøAT held that the RC could not be seen as having lawfully extended the time limits to file a management evaluation request. Apart from the fact that there is no evidence of such a promise, the truth is that the RC did not have such authority, which is only bestowed upon the Secretary-General, as prescribed by Staff Rule 11.2(c). Likewise, Ms. Mkhabela¡¯s claim that she was not apprised of the reasons or decision to deviate from the Transition Plan is without merit, as she is not entitled to be made aware of reasons behind...

The ±¬ÁÏÍøDT was faced with two irreconcilable versions of the case, and thus it was necessary for the ±¬ÁÏÍøDT to satisfy itself on the credibility and reliability of the various factual witnesses and probabilities. This task was made especially difficult for the ±¬ÁÏÍøDT since the relevant witnesses did not present their evidence in person. In this case, the evidence presented by the Secretary-General was of an exceedingly limited nature and value. The Secretary-General relied exclusively on the contents of the written report of the OIOS investigation, which was entirely hearsay and, in some instances...

The ±¬ÁÏÍøAT held that in view of the case record, the contested administrative decision was the decision not to reclassify the staff member¡¯s post, which was communicated to Appellant in a definitive and unambiguous response on 9 July 2019.

Subsequent letters to the Appellant were only reiterations of that decision. The ±¬ÁÏÍøRWA DT was correct to conclude that Appellant failed to submit a timely request for decision review as required prior to filing his application with the ±¬ÁÏÍøRWA DT, given that Mr. Abu Heija had not filed his request for decision review until more than a year after receiving the...

The ±¬ÁÏÍøAT denied Ms. Banyanga¡¯s appeal and affirmed the decision of the Standing Committee. The ±¬ÁÏÍøAT found that Ms. Banyanga had not adequately explained the inconsistencies between her own personal information and the information submitted by Mr. Mbirange regarding his reported spouse (including that the name ¡°Banyanga¡± did not appear in the documentation that Mr. Mbirange provided about his spouse).

The ±¬ÁÏÍøAT also rejected Ms. Banyanga¡¯s reliance on the marriage certificate that she submitted, which showed a purported date of marriage in 1997. The ±¬ÁÏÍøAT observed that Mr. Mbirange entered...

With respect to the Secretary-General's appeal of the ±¬ÁÏÍøDT finding that misconduct under Count 2 was not established, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in fact, resulting in a manifestly unreasonable decision. Messages sent by the staff member to his neighbour were suggestions and statements to a person who was not a witness at the time. The staff member was not under and did not suspect he would likely be under an investigation at the time he sent the messages. The neighbour found them appropriate and did not feel ¡°influenced¡± by them.

The ±¬ÁÏÍøAT also denied the Secretary-General¡¯s...

±¬ÁÏÍøAT held that the contested Memorandum was not an administrative decision as the Appellant failed to identify how it was affecting her terms or conditions of appointment. ±¬ÁÏÍøAT held that the contested Memorandum concerned a general delegation of authority and, therefore, was a decision of general application.

The ±¬ÁÏÍøAT dismissed the appeal.

The ±¬ÁÏÍøAT first held that the ±¬ÁÏÍøDT erred in law in retroactively applying WMO Staff Rule 193.3(c) when it examined her right to a termination indemnity. At the time the impugned decision was taken, only the 2019 WMO Staff Regulations and Rules were in force and should have been applied. The ±¬ÁÏÍøDT made an error in applying the 2020 law based on the Secretary-General¡¯s submission of the wrong version of the WMO Regulations and Rules to the ±¬ÁÏÍøDT.

The ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT's finding that the Administration¡¯s response to a request for management evaluation is not a...

±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT exercised its discretion to proceed by summary judgment lawfully and appropriately.

±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT erred when it decided that the Appellant¡¯s application was not receivable ratione materiae. ±¬ÁÏÍøAT noted that the case was almost identical to Osama Abed & Eman Abedv. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (Judgment No. 2022-±¬ÁÏÍøAT-1297). Consistent with this Judgment, ±¬ÁÏÍøAT held that the placement of a letter reminding the Appellant of her obligation to behave at all times in a manner...

The ±¬ÁÏÍøAT dismissed both the appeal and the cross-appeal.

As to the Secretary-General's cross-appeal against the ±¬ÁÏÍøDT's decision on receivability, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT was correct not to dismiss the claims as unreceivable, but to investigate their merits.

Turning to the merits, the ±¬ÁÏÍøAT noted that death benefits under the Rules are not payable to beneficiaries nominated by a staff member, but to designated beneficiaries as defined by the Staff Rules (i.e. the surviving spouse or dependent children). The ±¬ÁÏÍøAT found that Mr. Oming survived Ms. Oming and the substantial preponderance of...