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The only issue on appeal is whether the ±¬ÁÏÍøDT judgment¡¯s orders on in-lieu compensation and compensation for moral harm are free of error. In the present case, the ±¬ÁÏÍøDT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the ±¬ÁÏÍøDT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

The ±¬ÁÏÍøDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the ±¬ÁÏÍøDT committed several errors of law, its main finding is not put into doubt by the Secretary-General¡¯s appeal. Therefore, in this respect, the Secretary-General¡¯s appeal cannot succeed. ±¬ÁÏÍøDT's finding that ±¬ÁÏÍø-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

The essential question for determination on appeal is whether the ±¬ÁÏÍøDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...

As a preliminary matter, ±¬ÁÏÍøAT dismissed the appeals of two staff members who were not a party to the proceedings before the ±¬ÁÏÍøDT and had no standing. On the merits, ±¬ÁÏÍøAT held that there was a reviewable administrative decision within the meaning of Article 2(1)(a) of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred finding that the announcement by the USG/DGACM dated 8 April 2021 that the daily workload of translators would be increased to 5.8 pages and of self-revisers to 6.4 pages, was not an appealable administrative decision for the purpose of Article 2(1) of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøAT held...

Mr. Beda appealed. As a preliminary matter, ±¬ÁÏÍøAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

±¬ÁÏÍøAT held that the Appellant merely repeated arguments raised before ±¬ÁÏÍøDT regarding the evidence. ±¬ÁÏÍøAT accepted ±¬ÁÏÍøDT¡¯s finding that there was clear and convincing evidence to establish the facts underlying the allegations of misconduct. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT applied the appropriate legal standard, namely clear and convincing evidence. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT heard the evidence of the complainant, other material witnesses, assessed the credibility and reliability of the testimony under oath before it, determined the probable facts and then rendered a decision as to whether the onus to establish the...

±¬ÁÏÍøAT held that an analysis of the e-mail and other correspondence between ±¬ÁÏÍøDP and the Appellant indicated that she could not have been led to believe that her home leave request for January 2020 would be granted. She had been advised that a staff member was entitled to home leave only if the staff member¡¯s contract was anticipated to continue for more than six months after the return from home leave, yet Appellant¡¯s continuing engagement with ±¬ÁÏÍøDP was unknown, and her current contract end date was June 30, 2020. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDP complied with its obligations to consider and decide the...

Mr. Lucchini and the Secretary-General disagreed on whether ±¬ÁÏÍøAT confirmed the ±¬ÁÏÍøDT¡¯s award of compensation for moral damages, in addition to increasing the amount of in lieu compensation from 10 months to 24 months, or ordered payment of the increased amount of compensation in lieu (of two years¡¯ net base salary) but did not include the original award of compensation for moral harm that had been ordered by the ±¬ÁÏÍøDT. Mr. Lucchini filed an application for interpretation seeking confirmation of his view that ±¬ÁÏÍøAT¡¯s ruling increased the amount of in lieu compensation from 10 to 24 months¡¯ net...

The Secretary-General sought interpretation, revision, and execution of Judgment No. 2021-±¬ÁÏÍøAT-1118, on grounds that he was unable to effectuate the compensation awarded in the ±¬ÁÏÍøDT Judgment because Mr. Dieng refused to provide his banking details. ±¬ÁÏÍøAT held that the Judgment was clear, written in plain and unambiguous language, and it left no reasonable doubt as to what it meant. Thus, there was no need for clarification. ±¬ÁÏÍøAT further found that the Secretary-General had failed to argue that he had discovered a decisive fact which was unknown to the Appeals Tribunal at the time the Judgment...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that Ms. Caucci¡¯s situation differed from the ±¬ÁÏÍøDT Judgment in Tran Nguyen (±¬ÁÏÍøDT/2015/002) and therefore it was erroneous for the ±¬ÁÏÍøDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. ±¬ÁÏÍøAT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen...