±¬ÁÏÍø

Receivability

The Applicant correctly submitted that he was not contesting the promulgation of the Mobility AI. It was clear from the content of the application that he did not challenge the existence of the Mobility AI as a regulatory decision of the Secretary-General affecting all staff members. Instead, he was contesting the impact of what he perceived as a specific decision made after he accepted the offer of appointment, i.e., that the Mobility AI would be a term of his employment contract. The Tribunal thus found the application receivable.

Merits

The Tribunal established that the Applicant...

interpreting medical reports to determine the cause and extent of medical disabilities is the essence of forensic medicine and the result is clearly a medical determination.

this argument seeks to have the Tribunal second-guess the Administration¡¯s finding that the X-ray camera did not fall on the Applicant¡¯s knee in 2017. That is beyond the purview of this Tribunal. In conducting a judicial review of an administrative decision, the Tribunal must defer to the Administration¡¯s factual findings and may not substitute its own decision for that of the Administration. Moreover, it is clear from...

The Rules of Procedure of the Appeals Tribunal (which were also approved by the General Assembly), expressly provide that ¡°published judgements will normally include the names of the parties.¡± Even if names were within the ambit of ¡°personal data¡±, it appears clear that this Tribunal must balance the need for accountability with the need to protect personal data according to the circumstances of each case. In so doing, it is the general practice of this judge to avoid using names, other than the parties, to protect the anonymity of innocent persons somehow involved in the case. As a victim of...

Having considered all the submissions and the evidence on record, the Tribunal considered that the main issue for determination was whether the hiring manager conducted a fair and unbiased assessment of the Applicant¡¯s candidacy, giving it full and fair consideration.

The spreadsheet submitted by the Respondent in response to Order No. 57 (GVA/2024) sheds a light into the matter. This contemporaneous document showcases the hiring manager¡¯s thorough assessment of the Applicant¡¯s professional experience.

The Applicant¡¯s submissions concerning his title, long satisfactory service, OiC experience...

As the Applicant filed the application before the Dispute Tribunal almost two months after the decision to include his name in the ClearCheck database was implemented, the application for suspension of action was therefore not receivable.

The ±¬ÁÏÍøAT held that the applicant¡¯s reliance on Article 2 of the ±¬ÁÏÍøAT Statute for his application for revision was misguided and as such, was not receivable and lacked merit. The ±¬ÁÏÍøAT nonetheless reviewed his application for revision under the appropriate legal framework, which is in Article 11 of the ±¬ÁÏÍøAT Statute and Article 24 of the ±¬ÁÏÍøAT Rules of Procedure.

The ±¬ÁÏÍøAT held that other than the application being filed within one year of the ±¬ÁÏÍøAT Judgment at issue, the application for revision did not comply with any of the statutory requirements. There was no fact discovered after the issuance...

The ±¬ÁÏÍøAT noted that the applicant had filed the application for revision some three months after she became aware of the decisive facts as identified in the application. The ±¬ÁÏÍøAT held that the application had been filed beyond the 30-day time limit and was, therefore, not receivable.

The ±¬ÁÏÍøAT found that, in any event, one of the documents had not been in existence at the time of the ±¬ÁÏÍøAT Judgment. The ±¬ÁÏÍøAT also noted that the document had not been decisive in reaching a decision in the appeal and, for this reason, the application was an attempt to re-litigate the appeal. The ±¬ÁÏÍøAT concluded...

The ±¬ÁÏÍøAT noted that the staff member had been among the staff whose fixed-term appointments were not renewed due to the closure of the ±¬ÁÏÍøAMID mission.

With regard to his colleague who was laterally reassigned to the Headquarters and consequently remained in service, the ±¬ÁÏÍøAT found that the reassignment had been directly related to the undisputed fact that the colleague could not have been repatriated to Afghanistan for safety and security reasons. The ±¬ÁÏÍøAT was of the view that without the lawfulness of the reassignment decision having been placed before it for determination, it was unable to...

The ±¬ÁÏÍøAT held that the President of the Council of ICAO, in taking the decision not to approve the appointment of the staff member to the post, had regard to relevant considerations: the staff member was negatively assessed by the interview panel and the assessment centre, and had serious weaknesses in areas of vision and other competencies which were critical skills for ICAO. The ±¬ÁÏÍøAT found that the reasons provided by the President accorded with the facts.

The ±¬ÁÏÍøAT was of the view that, although the President discussed the matter with some members of the panel, these discussions had not...

The ±¬ÁÏÍøAT held that the application for revision had no merit. The ±¬ÁÏÍøAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The ±¬ÁÏÍøAT noted furthermore that the applicant¡¯s submissions essentially repeated or added to the same arguments that she had raised before the ±¬ÁÏÍøAT in the prior proceedings.

In addition, the ±¬ÁÏÍøAT pointed out that in failing to comply with the Order in which the ±¬ÁÏÍøAT granted in...