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±¬ÁÏÍøAT held that it was unable to undertake a proper review of the case since the audio recording of the ±¬ÁÏÍøDT proceedings contained the final submissions of both counsels, but not the testimony of the two witnesses and the Appellant. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in rejecting the Appellant¡¯s request for documents relating to the calculation of reasonable and customary expenses as to whether the Administration properly calculated ¡°reasonable and customary¡± expenses was a central issue in contention and was addressed extensively by the ±¬ÁÏÍøDT in its judgment. ±¬ÁÏÍøAT remanded the case to ±¬ÁÏÍøDT for a de novo...

±¬ÁÏÍøAT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that ±¬ÁÏÍøDT should have only received her application against the selection decision whilst the decision not to short-list the Appellant is examined as a part of the final non-selection decision. ±¬ÁÏÍøAT held that the appeal was defective as the Appellant did not clearly define the grounds of appeal as required under Article 2(1) of the ±¬ÁÏÍøAT Statute, however it considered the appeal on the basis that the Appellant was self-represented. ±¬ÁÏÍøAT rejected...

±¬ÁÏÍøAT agreed with ±¬ÁÏÍøRWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, ±¬ÁÏÍøAT held that, contrary to ±¬ÁÏÍøRWA DT¡¯s finding, the Administration has the discretion to deny a request to extend a staff member¡¯s service beyond retirement only in exceptional cases and on account of the interests of ±¬ÁÏÍøRWA, which must be reflected clearly and precisely in the reasoning for the decision. ±¬ÁÏÍøAT held...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. On receivability, ±¬ÁÏÍøAT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit...

±¬ÁÏÍøAT considered all the grounds of the appeal and held that the issue of whether the Appellant¡¯s application was pre-screened by a Human Resources Officer was irrelevant to determine whether his candidature received full and fair consideration. ±¬ÁÏÍøAT held that the main issue for its determination was whether, at the time of application, the Inspira system had provided all of the correct options to the Appellant. ±¬ÁÏÍøAT held that this was a factual determination which, without relevant evidence, could not be made. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT failed to enquire as to what options were available in the...

±¬ÁÏÍøAT considered the Secretary-General¡¯s appeal and Ms Kortes¡¯ cross-appeal. ±¬ÁÏÍøAT held that the issue was whether ±¬ÁÏÍøDT erred in concluding that the Administration was estopped from correcting its mistake by finding that Ms Kortes was not eligible for ASHI, having advised her in 2011 that she could not avail herself of the buy-in option. Noting that the Administration¡¯s error was to inform Ms Kortes that she could buy-in to ASHI, based on a misunderstanding of the date she joined the Organisation, ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT committed an error of law in coming to its conclusion that five years was...

±¬ÁÏÍøAT considered both an appeal from the Secretary-General and an appeal from Mr Ross. ±¬ÁÏÍøAT considered Mr Ross¡¯s request for consideration by a full bench and held that he had no standing to make such a request and that the case did not raise any significant question of law in relation to the evidentiary standard of proof of moral damages. ±¬ÁÏÍøAT held that any irregularity (procedural or substantive) in promotion cases will only give rise to an entitlement to rescission or compensation if the staff member has a significant or foreseeable chance for promotion. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err...

±¬ÁÏÍøAT held that the first time the Appellant¡¯s claim for implementation of the sanction (an apology to the Appellant) was raised was on appeal and that it was therefore not receivable, however, ±¬ÁÏÍøAT held that the Appellant was not barred from requesting ±¬ÁÏÍøRWA to enforce its letter of censure. On the Appellant¡¯s claim for moral damages, ±¬ÁÏÍøAT found no error in ±¬ÁÏÍøRWA DT¡¯s order denying the Appellant¡¯s request for moral damages since there was no evidence of harm. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøRWA DT judgment.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in finding that the erroneous requirement for a perfect command of English vitiated the entire recruitment process, noting that it was a typographic error and corrective measures were taken by conducting a manual review of the personal history profile of each candidate. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in its finding that the selection process was unlawful and lacked transparency. ±¬ÁÏÍøAT held that the need for the factual determination of all of the evidence related to the roster, placement, and removal of candidates required that the instant case be remanded to the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT...

The Applicant was charged with having engaged in misconduct, namely: cheating and helping others cheat in the psychometric and English language tests of the Entry-Level Humanitarian Professional Programme (EHP). The Tribunal pronouncements are reflected following the different steps in the analysis of the contested decision. Have the facts on which the disciplinary measure was based been established? The Tribunal found that the investigation report clearly stated the facts and the alleged misconduct. It also provided substantial and critical assessment of the evidence presented to the...