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The ±¬ÁÏÍøAT dismissed the interlocutory appeal as not receivable on grounds that the ±¬ÁÏÍøDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The ±¬ÁÏÍøAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier ±¬ÁÏÍøAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The ±¬ÁÏÍøAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

The Secretary-General filed an appeal.

±¬ÁÏÍøAT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS¡¯s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse¡¯s insistence on working only...

±¬ÁÏÍøAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. ±¬ÁÏÍøAT found no merit in Mr. Kilauri¡¯s contention that the ±¬ÁÏÍøDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Mr. Moulana appealed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøATnoted that the ±¬ÁÏÍøDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the ±¬ÁÏÍøDT found he failed to provide. Therefore...

Mr. Pierre filed an appeal. ±¬ÁÏÍøAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. ±¬ÁÏÍøAT was satisfied that the ±¬ÁÏÍøDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. ±¬ÁÏÍøAT also found that Mr. Pierre had not provided sufficient evidence that the...

The application is not receivable ratione temporis as time-barred.

The sensitive nature of the sexual harassment allegations and the fact that the victim may be easily identified by the factual circumstances surrounding the case constitute exceptional circumstances that warrant granting anonymity.

The Complainant¡¯s account of facts in relation to the relevant incidents is credible and reliable. The Applicant failed to adduce any evidence that could have undermined the credibility of the Complainant¡¯s evidence. There is no evidence of ulterior motives on the part of the Complainant.

The Administration succeeded in discharging its burden of proof to show that...

The Commissioner-General appealed.

The ±¬ÁÏÍøAT held that insofar as the Agency's decision of 25 April 2019 rejecting the request for an SPOA might not have been unequivocal, that decision was reiterated in the e-mail of 17 June 2019 leaving no doubt that the Agency had decided then to pay Ms. Abou Salah an SPOA of 15 per cent rather than 25 per cent, possibly in breach of her contract. The fact that other persons subsequently sought to intervene on her behalf did not change that.

The ±¬ÁÏÍøAT found that Ms. Abou Salah¡¯s subsequent correspondence, as well as correspondence written on her behalf...

Mr. Russo-Got appealed. The ±¬ÁÏÍøAT held that the evidence incontrovertibly established that Mr. Russo-Got had failed to challenge any blacklisting decision in his request for management evaluation. Moreover, while the application contained references to several posts for which he had applied and had not been selected, he did not request management evaluation of any selection decision nor did he appeal any particular selection decision in his application to the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT found that ±¬ÁÏÍøDT accordingly had not erred in finding that the claims in the application regarding the alleged...

Ms. Specker appealed. The ±¬ÁÏÍøAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The ±¬ÁÏÍøAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...