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Starting with the presumption that official acts are regularly performed, ±¬ÁÏÍøAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. ±¬ÁÏÍøAT also agreed with the ±¬ÁÏÍøDT that the staff member can only challenge a specific administrative decision, and...

±¬ÁÏÍøAT disagreed and distinguished the case at hand with the two cases cited by the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, ±¬ÁÏÍøAT concluded that the misconduct...

±¬ÁÏÍøAT considered an appeal by Mr. Andrysek. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT Judgment.

±¬ÁÏÍøAT first agreed with the ±¬ÁÏÍøDT that the abolition of post was not a reviewable administrative decision. Second, ±¬ÁÏÍøAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member¡¯s appointment. The staff member¡¯s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a ¡°dry cut.¡± A ¡°dry cut¡± happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

±¬ÁÏÍøAT considered an appeal by Mr. Rugerinyange. ±¬ÁÏÍøAT noted that Mr. Rugerinyange sought to challenge an administrative decision directly affecting the terms of his new contract as an individual contractor. Therefore, even if the administrative decision of placing him on administrative leave with pay referred to facts which had occurred while he was still a staff member, as he claimed, it affected the new contract and his new capacity as an independent contractor. As such, he had no legal standing before the ±¬ÁÏÍøDT. Accordingly, ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT Order.

±¬ÁÏÍøAT held ±¬ÁÏÍøDT erred in law with regard to its finding that the second decision to renew the Appellant¡¯s fixed-term appointment superseded the first decision to renew his appointment (the challenged decision). Nevertheless, ±¬ÁÏÍøAT held that this finding was not dispositive of the appeal in the Appellant¡¯s favour, as his application was not receivable on the grounds of another basis of mootness. ±¬ÁÏÍøAT held that the contested decision to renew his fixed-term appointment by three months instead of two years did not constitute an appealable administrative decision for the simple reason that the...

±¬ÁÏÍøAT held that the Appellant did not meet the burden of showing that the ±¬ÁÏÍøDT Judgment was defective on the grounds outlined in Article 2(1) of the ±¬ÁÏÍøAT Statute. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT fully and fairly considered the Appellant¡¯s allegations and there was no error of law or fact in the ±¬ÁÏÍøDT Judgment. ±¬ÁÏÍøAT held that there was no evidence that the Appellant¡¯s gender or status of being on maternity leave factored into the decision not to renew her contract. ±¬ÁÏÍøAT held that the reasons proffered by the Administration for not renewing the Appellant¡¯s fixed-term appointment, namely the lack of funding...

±¬ÁÏÍøAT considered an appeal by Mr. Postica. ±¬ÁÏÍøAT found no errors in the ±¬ÁÏÍøDT Judgment and dismissed the appeal.

The staff member appealed to ±¬ÁÏÍøAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the ±¬ÁÏÍøICEF job. ±¬ÁÏÍøAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an ¡°official act¡± and as such carried with it ¡°the presumption of regularity¡±. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...

The evidence and submissions on record are insufficient to determine the material issue as to whether the Appellant¡¯s claim for compensation totaled less than, or in excess of, USD 25,000, in order to determine the authority of the Secretary of the ABCC to take the contested administrative decision. Hence the remand to ±¬ÁÏÍøDT to determine whether the Secretary of the ABCC had the valid power to take the contested decision.