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±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT that the contested decision was a lawful exercise of discretion. Regarding the Appellant¡¯s claim that the process was tainted because of the lapse of time since the complained of behavior occurred (ten years) and because of the hearsay nature of the evidence, ±¬ÁÏÍøAT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the ±¬ÁÏÍøRWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the ±¬ÁÏÍøRWA DT¡¯s role to review...

±¬ÁÏÍøAT considered an appeal by Mr. Kennedy. ±¬ÁÏÍøAT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, ±¬ÁÏÍøAT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.

±¬ÁÏÍøAT considered an appeal by Ms. Patkar. ±¬ÁÏÍøAT dismissed the Appellant's argument that the ±¬ÁÏÍøDT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the ±¬ÁÏÍøOPS Administration had approved such leave. ±¬ÁÏÍøAT further held that that the Appellant¡¯s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...

As a preliminary matter, ±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing. ±¬ÁÏÍøAT held that the Appellant failed to discharge his burden of showing that the ±¬ÁÏÍøDT Judgment was defective or identifying grounds for appeal. In addition, ±¬ÁÏÍøAT held there was no basis for vacating the ±¬ÁÏÍøDT Judgment. ±¬ÁÏÍøAT held that the Appellant did not specifically contest the ±¬ÁÏÍøDT¡¯s findings on receivability and that receivability was not therefore an issue before it. ±¬ÁÏÍøAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that ±¬ÁÏÍøDT erred in its...

±¬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 agreed that the application was not receivable ratione materiae. The Tribunal explained that on 21 March 2019, it had become clear to the staff member that the Agency had not shortlisted her for these two posts. This information was confirmed on 21 March 2019 by HR to the staff member. The Tribunal also noted that there were nothing in the communications between the parties indicating that the matter would be reopened or reconsidered. Furthermore, the subsequent email from HR on 8 April 2019 detailing the reasons why she was not selected was not a new administrative decision but rather a...

±¬ÁÏÍøAT noted that, although the appeal was technically inadequate because the Appellants had failed to specifically identify the errors allegedly committed by the ±¬ÁÏÍøRWA DT, it had previously recognised that if an appellant was not legally represented some latitude may be allowed in the interests of justice. Accordingly, ±¬ÁÏÍøAT held that it would review the merits of the appeal. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT erred on a question of fact that resulted in a manifestly unreasonable decision by failing to consider the full application and the question of when the Appellants received notification of the...

±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT did not err in concluding that the Agency had failed to observe its own regulatory framework and failed to act lawfully, reasonably and fairly in exercising its discretion. The discretion of the Commissioner-General to reject a request for these benefits such as EVS is not unfettered.

The Dispute Tribunal committed an error in procedure by relying on ex parte evidence in the form of three doctors¡¯ notes, of which the Secretary-General received the translated copies only two days before the issuance of the impugned Judgment, in violation of audi alteram partem. The Dispute Tribunal failed to consider the ¡°checks and balances to ensure transparency¡± instituted in established procedures as outlined in the Guidelines and the ability of the Applicant to raise timely concerns about potential bias after the interview. As there is no obligation to provide the names of the...

±¬ÁÏÍøAT found the ±¬ÁÏÍøDT correctly reviewed and rescinded the contested decision because of the procedural irregularities encountered during the investigation. But in addition to the procedural issues, ±¬ÁÏÍøAT also noted there were other significant errors. The Tribunal found that the panel erred when it sought to determine the Medical Officer¡¯s intent during the breast examination. The panel had previously concluded that there was no clear and convincing evidence that the actions of the Medical Officer during the breast examination were sexual in nature. Referring to Section 1.3 of ST/SGB/2008/5, the...

±¬ÁÏÍøAT granted the application for correction. The Tribunal stated that the misidentification of the superior was an accidental error and was factually incorrect. The Tribunal, however, added that this error had little or no bearing on the outcome of the case. Regarding the request for further explanation on the Judgment, ±¬ÁÏÍøAT dismissed the request finding that the Judgment is comprehensible and that this was a mere attempt by the staff member to criticize the Judgment.

±¬ÁÏÍøAT denied both applications. Regarding the application for interpretation, the Tribunal held that the Majority Judgment was clear and unambiguous in its meaning, leaving no confusion or reasonable doubt about its conclusions or reasons. The Tribunal found that it was a disguised way by the staff member to criticize or disagree with the Judgment. Regarding the application for revision, ±¬ÁÏÍøAT explained that the staff member did not identify a decisive fact that was unknown at the time of the Judgment. Instead, the staff member referred to events that occurred subsequent to the Judgment. As such...

The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General¡¯s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General¡¯s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the ICSC decision remained not reviewable for...

±¬ÁÏÍøAT agreed that the Secretary-General has implied discretion to revoke benefits if a staff member does not satisfactorily furnish evidence of continued eligibility of existing entitlements, which may arise because of a change in circumstances. ±¬ÁÏÍøAT also found that ±¬ÁÏÍøDT did not err when it held that the legal frameworks for the two benefit systems are different and that the decisions made under the two legal regimes need not be consistent. Article 33 of the ±¬ÁÏÍøSPF Regulations does not require proof of a loss of earning capacity and the requirement of ¡°incapacitation¡± is a purely medical...

The evidence of procedural errors and irregularities supported the Dispute Tribunal¡¯s findings of fact that lead to the justifiable conclusion that, had the irregularities not occurred, Mr Russo-Got had a foreseeable and significant chance of selection given his qualifications. The approach adopted by ±¬ÁÏÍøDT and by which ±¬ÁÏÍøDT assessed Mr.; Russo-Got¡¯s chances of being selected for the post as one in five was reasonable. In the absence of errors of fact or law by ±¬ÁÏÍøDT, ±¬ÁÏÍøAT defers to its discretion in awarding and quantifying the pecuniary damages.

±¬ÁÏÍøDT correctly found that Ms Mokrova¡¯s application was not receivable ratione materiae because she filed a request for management evaluation beyond the 60 days of the notification of the contested decision by the Under-Secretary-General for DSS.

±¬ÁÏÍøAT disagreed with ±¬ÁÏÍøDT and found the procedure laid down in the Staff Regulations and Rules was not properly followed, as such the Secretary-General¡¯s exclusion of the staff member from the selection process was not legal, rational, procedurally correct, or proportionate. ±¬ÁÏÍøAT firstly held that ±¬ÁÏÍøDT erred when it ruled that the invitation e-mail respected the advance notice requirement. ±¬ÁÏÍøAT reasoned that the day of the event (the receipt of the email) cannot be counted in computing the number of days required to give advance notice for a test. As such, by requiring at least five working...

±¬ÁÏÍøAT held that the staff member¡¯s appeal was defective because she did not specify which errors were committed by ±¬ÁÏÍøRWA DT in arriving at its Judgment. However, given that the staff member was not legally represented, ±¬ÁÏÍøAT went on to review the merits of the appeal. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not err when it held that the staff member did not have any right to be appointed and that the recommendation from the HR Head did not mature into an enforceable right. Second, ±¬ÁÏÍøAT held that there was no entitlement to receive overtime pay since overtime must be authorized in advance and duly recorded...

±¬ÁÏÍøAT held that there was no evidence before ±¬ÁÏÍøDT that the EOD date or the refusal to amend it had a direct impact or legal consequence on the Appellant¡¯s terms of appointment or contract and therefore, it was not an administrative decision. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in finding the application was receivable based on the relevant administrative decision being the refusal to amend the EOD date. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT was correct in dismissing the application as beyond its temporal jurisdiction, as the Appellant¡¯s application to ±¬ÁÏÍøDT was filed more than three years after the impugned decision and...

±¬ÁÏÍøAT held that the ISA JAB decision was correct in its finding that the appeal was receivable and not time-barred. However, ±¬ÁÏÍøAT held that the Special Agreement and the resulting Staff Rules did not comply with the ±¬ÁÏÍøAT Statute, which required a neutral first instance process, and that, accordingly, ±¬ÁÏÍøAT was unable to exercise its jurisdiction as a second level tribunal. ±¬ÁÏÍøAT remanded the matter to the JAB to ensure compliance with the jurisdictional requirements of the Special Agreement and Article 2(10) of the ±¬ÁÏÍøAT Statute, specifying that the Appellant¡¯s appeal should be reconsidered and...