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±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly concluded that the contested decision not to initiate an investigation due to the resignation of her SRO was lawful as part of a reasonable exercise of discretion. Though the term ¡°preliminary assessment¡± in ST/SGB/2019/8 was not specifically used in the contested decision, it was clear that Ms. Fosse¡¯s complaint was preliminarily assessed before the decision was made that no investigation would be undertaken. While the previous Bulletin (ST/SGB/2008/5) may have been in force when she lodged her complaint and when it was the subject of a preliminary...

The ±¬ÁÏÍøAT dismissed the interlocutory appeal as not receivable on grounds that the ±¬ÁÏÍøDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The ±¬ÁÏÍøAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier ±¬ÁÏÍøAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The ±¬ÁÏÍøAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

±¬ÁÏÍøAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. ±¬ÁÏÍøAT found no merit in Mr. Kilauri¡¯s contention that the ±¬ÁÏÍøDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Mr. Pierre filed an appeal. ±¬ÁÏÍøAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. ±¬ÁÏÍøAT was satisfied that the ±¬ÁÏÍøDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. ±¬ÁÏÍøAT also found that Mr. Pierre had not provided sufficient evidence that the...

Mr. Russo-Got appealed. The ±¬ÁÏÍøAT held that the evidence incontrovertibly established that Mr. Russo-Got had failed to challenge any blacklisting decision in his request for management evaluation. Moreover, while the application contained references to several posts for which he had applied and had not been selected, he did not request management evaluation of any selection decision nor did he appeal any particular selection decision in his application to the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT found that ±¬ÁÏÍøDT accordingly had not erred in finding that the claims in the application regarding the alleged...

Ms. Specker appealed. The ±¬ÁÏÍøAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The ±¬ÁÏÍøAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

Mr. Mousa appealed. As regards Mr. Mousa¡¯s request for an oral hearing, the ±¬ÁÏÍøAT held that he did not provide a compelling reason why an oral hearing should be granted in this appeal. As the case deals with the issue of receivability ratione materiae, an oral hearing is not necessary and would not ¡°assist in the expeditious and fair disposal of the case¡± within the meaning of Article 18(1) of the ±¬ÁÏÍøAT¡¯s Rules of Procedure. The ±¬ÁÏÍøAT also found that Mr. Mousa¡¯s appeal did not refer to any of the grounds of appeal mentioned in Article 2(1) of the ±¬ÁÏÍøAT Statute. The only submission regarding the...

Mr. Younis appealed. The ±¬ÁÏÍøAT found that after perusing the PHP submitted by Mr. Younis, the ±¬ÁÏÍøDT had held that the suitability review was correct. The PHP confirmed the Administration¡¯s assessment of Mr. Younis¡¯ work experience. The total number of years of his experience for the two criteria had been properly arrived at by first determining if the nature of his work experience fulfilled the relevant criteria and then the number of years for which he had served in relevant roles was computed for both criteria. The ±¬ÁÏÍøAT held that even if Mr. Younis was given the benefit of the doubt on the...

As regards the request for an oral hearing, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT had lawfully exercised its discretion and given a reasonable explanation for not holding an oral hearing. The ±¬ÁÏÍøRWA DT correctly determined that the comprehensive documentary evidence before it was sufficient to render a decision without the need for an oral hearing, especially as the issue was one of receivability. Further, the appellants have not shown how the denial of the request to hold an oral hearing affected the Judgment. With respect to the issue of receivability, the ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT and upheld...

As to the appeal against the ±¬ÁÏÍøDT¡¯s Order for expungement of the impugned documents from its case file, ±¬ÁÏÍøAT found that it was receivable because, unless the documents were preserved for use at trial, they might be lost with the consequence that the Secretary-General would be unable to use them to establish his allegations of forgery and fraud as he was entitled to. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT¡¯s Order was, in this respect, effectively irremediable; that this would be a manifestly unreasonable consequence of the Order for the Secretary-General; and that the circumstances were so rare and...