2017-±¬ÁÏÍøAT-773, Ali
±¬ÁÏÍøAT found no error in the ±¬ÁÏÍøRWA DT finding that the application was not receivable ratione temporis. ±¬ÁÏÍøAT rejected the Appellant¡¯s contention that ±¬ÁÏÍøRWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of ±¬ÁÏÍøRWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the ±¬ÁÏÍøRWA DT Statute prevents ±¬ÁÏÍøRWA DT from receiving a case which...
2017-±¬ÁÏÍøAT-774, Awe
±¬ÁÏÍøAT held, agreeing with ±¬ÁÏÍøDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. ±¬ÁÏÍøAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. ±¬ÁÏÍøAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...
2017-±¬ÁÏÍøAT-775, Onifade
±¬ÁÏÍøAT considered Mr Onifade¡¯s application for revision of judgment No. 2016-±¬ÁÏÍøAT-668. ±¬ÁÏÍøAT held that there was no evidence before it to support the application. ±¬ÁÏÍøAT held that Mr Onifade had failed to show that the first MOP form was unknown to him at the time the judgment was rendered and he had presented no decisive fact which was, at the time the judgment was rendered, unknown to him and ±¬ÁÏÍøAT. ±¬ÁÏÍøAT held that the application did not meet the criteria established under Article 11(1) of the ±¬ÁÏÍøAT Statute and Article 24 of the ±¬ÁÏÍøAT RoP. ±¬ÁÏÍøAT held that the application had no merit and dismissed it...
2017-±¬ÁÏÍøAT-776, Ibrahim
±¬ÁÏÍøAT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. ±¬ÁÏÍøAT held, agreeing with ±¬ÁÏÍøDT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, ±¬ÁÏÍøAT dismissed the cross-appeal. ±¬ÁÏÍøAT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. ±¬ÁÏÍøAT held that, apart from the direct link between the manipulation of the bottle of wine by...
2017-±¬ÁÏÍøAT-777, Faust
±¬ÁÏÍøAT held that the Appellant¡¯s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. ±¬ÁÏÍøAT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. ±¬ÁÏÍøAT noted that ±¬ÁÏÍøFCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. ±¬ÁÏÍøAT found no fault in ±¬ÁÏÍøDT¡¯s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the...
2017-±¬ÁÏÍøAT-778, Faust
±¬ÁÏÍøAT rejected the argument that the written test should have been prepared by the Hiring Manager, and not the direct supervisor of the position. ±¬ÁÏÍøAT held, in agreement with the ±¬ÁÏÍøDT¡¯s conclusion, that the Appellant had failed to show that the Hiring Manager¡¯s intervention in the preparation of the written test resulted in her non-selection for the contested post. ±¬ÁÏÍøAT held that the Appellant¡¯s claim was fully and fairly considered by ±¬ÁÏÍøDT. ±¬ÁÏÍøAT found no fault in ±¬ÁÏÍøDT¡¯s finding that the design, conduct, and evaluation of the written test did not constitute a violation of the Appellant¡¯s right...
2017-±¬ÁÏÍøAT-779, Abu Hweidi et al.
Ar±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. ±¬ÁÏÍøAT held that the inference drawn by ±¬ÁÏÍøRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...
2017-±¬ÁÏÍøAT-748, Sharbaji
±¬ÁÏÍøAT agreed with ±¬ÁÏÍøRWA DT¡¯s finding. ±¬ÁÏÍøAT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. ±¬ÁÏÍøAT accepted the ±¬ÁÏÍøRWA DT¡¯s finding that there was a genuine redundancy situation. ±¬ÁÏÍøAT held that there was no evidence before it to support the Appellant¡¯s contention that ±¬ÁÏÍøRWA DT erred in law. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøRWA DT judgment.
2017-±¬ÁÏÍøAT-749, Ayoub
±¬ÁÏÍøAT held that there was no evidence before it to support the contention that ±¬ÁÏÍøRWA DT erred in law. ±¬ÁÏÍøAT upheld the findings of ±¬ÁÏÍøRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. ±¬ÁÏÍøAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. ±¬ÁÏÍøAT found no procedural irregularity or any error in law on the part of ±¬ÁÏÍøRWA DT...
2017-±¬ÁÏÍøAT-769, Haj Saleh
±¬ÁÏÍøAT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by ±¬ÁÏÍøRWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. ±¬ÁÏÍøAT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant¡¯s post. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT properly treated the question of the Appellant¡¯s additional work in light of PD A/3 related to the parallel education programme...