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The ±¬ÁÏÍøAT held that the Administration¡¯s restructuring of the finance function was a genuine exercise and a proper use of the Administration¡¯s discretion in responding to evolving needs. The ±¬ÁÏÍøAT did not agree that the Administration acted unfairly or unjustly in abolishing the former staff member¡¯s post. The ±¬ÁÏÍøAT further held that consultation with the former staff member was not required prior to the abolition of her post.

The ±¬ÁÏÍøAT found that the former staff member¡¯s dissatisfaction with the ±¬ÁÏÍøDT¡¯s assessment of the evidence of workplace issues between her and her supervisor does not...

The ±¬ÁÏÍøAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The ±¬ÁÏÍøAT also noted the medical evidence of signs of the participant¡¯s dementia.

The ±¬ÁÏÍøAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The ±¬ÁÏÍøAT held that the Fund had not erred when it found those forms...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred by failing to grant the remedy under Article 10(5)(a) of the ±¬ÁÏÍøDT Statute after it had found that the disciplinary decision was unlawful. The ±¬ÁÏÍøDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The ±¬ÁÏÍøAT remanded the case to the ±¬ÁÏÍøDT for determination of the appropriate remedy.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred in the...

The ±¬ÁÏÍøAT held that the staff member bore the burden of proving that the Secretary-General¡¯s failures to address both the discriminatory policies of the host country and the alleged attempt of the law enforcement authorities of that host country to recruit him, constituted unilateral decisions taken by the Administration, which applied to him individually, and had direct legal consequences on his terms of appointment or contract of employment. The ±¬ÁÏÍøAT held that the staff member could not meet this burden because these issues fell within the realm of diplomacy, are subject to the rules of...

Having reviewed the parties¡¯ submissions and the evidence on record, the Tribunal defined the issues for determination as follows:

a. Whether the Applicant had a realistic chance of being selected; and

b. Whether the Applicant suffered any financial loss due to the contested decision.

Regarding the first issue, the Tribunal noted that the Management Evaluation Unit had already determined that there were irregularities in the selection process and recommended that the selection exercise be redone. The Under Secretary-General for Management Strategy, Policy and Compliance (USG/DMSPC) had also...

The ±¬ÁÏÍøAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the ±¬ÁÏÍøDT nor on appeal.

The ±¬ÁÏÍøAT held that even if ST/AI/2019/1 were applicable to ±¬ÁÏÍøHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The ±¬ÁÏÍøAT found no basis to overturn the ±¬ÁÏÍøDT¡¯s determination that there had been no evidence of bias or conflict of interest in either the medical...

The ±¬ÁÏÍøAT noted that the impugned Orders denying the staff member¡¯s requests for anonymity had been issued less than a month after the ±¬ÁÏÍøDT had granted his motion for anonymity in another case.

The ±¬ÁÏÍøAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The ±¬ÁÏÍøAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT held that the application for revision must fail since no new and decisive fact has been shown to exist that was unknown to Mr. Bernard and the Appeals Tribunal when the ±¬ÁÏÍøAT Judgment was made which would have materially impacted the outcome of said Judgment

The ±¬ÁÏÍøAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The ±¬ÁÏÍøAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the ±¬ÁÏÍøAT found that her ±¬ÁÏÍø experience was used to disadvantage her. The ±¬ÁÏÍøAT also...

In the present case, according to the Applicant¡¯s own submissions, he was not in a situation of ¡°an absolute impossibility¡± of filing a timely waiver as per Karki. Instead, while apparently being aware of expiry of the deadline, he continued to work intensely on preparing the application, and rather than giving priority to filing it in time, he instead wanted it ¡°to be perfect¡±. When then filing the application, the Applicant, however, made no reference to it being filed too late or indicating that he requested a waiver of the 90-day deadline under art. 8.3 of the Statute. He only requested a...

1. The Tribunal noted that, in his reply, the Respondent informed the Tribunal that he had voluntarily decided to extend the Applicant¡¯s appointment through 30 June 2025. As an annex to the reply, the Respondent provided a copy of the Applicant¡¯s Personnel Action, indicating that his appointment had been extended to 30 June 2025.

2. The Tribunal thus held that, in light of the above, the Applicant¡¯s request for suspension of the implementation of the contested administrative decision had become moot. The Tribunal, therefore, did not find it necessary to examine whether...

The ±¬ÁÏÍøAT noted that the staff member¡¯s letter regarding early retirement was to be considered a letter of resignation. The ±¬ÁÏÍøAT noted that a few months later she had sent another letter to the Administration requesting to withdraw her resignation. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had not erred in law when it identified the contested decision as the decision not to accept the staff member¡¯s withdrawal of her resignation, and the ±¬ÁÏÍøDT¡¯s approach had not caused prejudice to her as it had been able to examine all her contentions.

The ±¬ÁÏÍøAT held that the staff member¡¯s resignation produced its legal...

The ±¬ÁÏÍøAT found that the staff member had filed his appeal more than a year after the issuance of the ±¬ÁÏÍøDT Judgment and even if he had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred and not receivable ratione temporis.

The ±¬ÁÏÍøAT nevertheless noted that the staff member¡¯s application filed with the ±¬ÁÏÍøDT was not receivable under the doctrine of res judicata because the ±¬ÁÏÍøAT had already affirmed in its earlier judgment a ±¬ÁÏÍøDT judgment deciding his challenge to the same administrative decision.

The ±¬ÁÏÍøAT found that the staff member sought to...

The ±¬ÁÏÍøAT noted that the staff member¡¯s transfer request had been approved by the West Bank Field Office but the Jordan Field Office had subsequently informed that the request could not be accommodated due to a commitment to the roadmap on hiring daily-paid workers in fixed-term posts.

The ±¬ÁÏÍøAT held that the Commissioner-General had demonstrated the efforts made by both Field Offices to process the transfer request and the Agency¡¯s burden to show that the request had been given full and fair consideration was satisfied. The ±¬ÁÏÍøAT found that the staff member had not discharged the burden of...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in suggesting that it was the former staff member¡¯s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The ±¬ÁÏÍøAT further held that the Administration¡¯s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration¡¯s prerogative to make regarding the judicial proceeding. The Administration...

The ±¬ÁÏÍøAT noted that the vacancy had been advertised for only ten days which violated the mandatory requirement of the ±¬ÁÏÍøRWA Personnel Directive, and this violation had been corrected by cancelling the recruitment process and constituting another one that met the requirement of the minimum posting period.

The ±¬ÁÏÍøAT held that the staff member had not identified the alleged defects of the impugned Judgment but rather had reargued his case and, therefore, had not discharged his burden of satisfying the Appeals Tribunal that the impugned Judgment had been in error.

The ±¬ÁÏÍøAT was of the view that, in...

The ±¬ÁÏÍøAT rejected Mr. Salon¡¯s argument that the prior ±¬ÁÏÍøAT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The ±¬ÁÏÍøAT held that Mr. Salon was not seeking clarification of the ±¬ÁÏÍøAT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the ±¬ÁÏÍøAT Statute¡¯s provisions for an application for interpretation.

The ±¬ÁÏÍøAT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the ±¬ÁÏÍøAT Judgment was clear...

The Respondent argued that the discontinuation of the Applicant¡¯s position was distinct from the non-renewal of his position. The Tribunal rejected this argument. The Tribunal found that the decision-maker linked the discontinuation of the Applicant's post with the non-renewal. The Tribunal held that the discontinuation and non-renewal were inextricably interrelated and therefore the application was receivable. The Respondent¡¯s argument that the claim was not receivable ratione temporis was rejected.

The Respondent¡¯s distinction, while perhaps academically correct, would make receivability no...

The ±¬ÁÏÍøAT held that, since the purpose of compensation in lieu is to place a staff member in the same position he or she would have been had the Organization complied with its contractual obligations, the net base salary to be paid in accordance with the ±¬ÁÏÍøAT Judgment was the net base salary that the former staff member would have earned at the date of the contested decision and his separation from service, namely 20 May 2021. Therefore, the ±¬ÁÏÍøAT concluded that the Secretary-General¡¯s calculation of two years¡¯ net base salary was appropriate.

The ±¬ÁÏÍøAT further held that the deductions made for...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT did not err in finding that there was clear and convincing evidence to support that the applicant had engaged in abuse of authority by intimidating a staff member to file a false complaint of sexual harassment against another staff member. The ±¬ÁÏÍøRWA DT weighed the conflicting testimonies and assessed the credibility of the witnesses and found that she had a motive to solicit the false complaint.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT did not err in declining to review the other misconduct allegations against her, given that the abuse of authority allegation was the...