» IMFAT

Abu Ghazaleh, IMFAT Judgment 2015-2

Complex, first-instance matter following dismissal by Fund-appointed arbitrator of claims brought by local Fund employee. Case dismissed by IMFAT, which nonetheless observed that “fair system for resolving employment disputes should be designed to ensure that employees have confidence in the fair adjudication of their disputes.” IMFAT found that lack of such a “mechanism … is an important matter that the Fund needs to address in order to ensure that its dispute resolution process is, as it claims, both fair and seen to be fair.” Case was later informally resolved.

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“NN”, IMFAT Judgment 2017-2

Prevailed on claim of wrongful exclusion as job candidate in case of thwarted conversion. IMFAT awarded half (1/2) costs and minor monetary relief. IMFAT upheld Grievance Committee’s refusal to recommend relief, with Grievance Committee having deemed Fund to be sole victim of its own wrongful exclusion of applicant.

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“LL”, IMFAT Judgment 2019-1

Largest individual award in international civil-service law up to that time (valued at around $1.58M in total). Complex, first-instance, long-running case of Fund official mentally incapacitated by Fund service at time of national disaster. Obtained rescission of clawback of early retirement and falsely “coordinated” compensation for disabling injury, so that staff member received workers compensation annuity as well as early retirement, plus interest on all retroactive payments.

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“RR”, IMFAT Judgment 2021-2

Obtained award exceeding three (3) years and four (4) months’ salary, plus full costs, in case involving staff member wrongfully denied conversion to Open Ended status, and also denied fair process in non-selection for a separate appointment.

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“TT”, IMFAT Judgment 2022-1

Obtained rescission of decision to place whistleblower on administrative leave pending retirement, with IMFAT acknowledging that “written policy of the Fund governing retaliation does not reference ‘whistleblowing’ per se or expressly provide protection of staff members who call into question colleagues’ views as to how Fund policies shall be applied or, indeed, call into question the policies themselves.” Modest monetary relief and 80% of costs awarded.

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“VV”, IMFAT Judgment 2023-3 (Jurisdiction)

In complex, first-instance case, defeated Fund motion for summary dismissal and thereby established precedent that contractual Fund employees have full Fund staff status for purpose of obtaining workers compensation.

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“VV” (No. 2), IMFAT Judgment 2023-4 (Merits)

In complex, first-instance case, prevailed on claim that Fund violated its “duty of care” toward contractual employee profoundly disabled in Fund’s service, including by refusing to advise employee of his rights to apply for workers compensation in unclear legal circumstances. IMFAT nonetheless refused to allow filing of claim for workers compensation after deadline which IMFAT retroactively formulated based on effective staff status denied by Fund during events at issue as well as during litigation, and conferred only by IMFAT in VV, Judgment 2023-3. Significant monetary relief awarded on “duty of care” count, plus 60% in costs.''

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“XX”, IMFAT Judgment 2024-2 (Jurisdiction)

Defeated Fund’s jurisdictional challenge in case of regulatory interpretation, with IMFAT ruling that Fund could not resolve claims involving “fundamentally different theories on the merits of the case” through a motion for summary dismissal. First IMFAT judgment to recognize standing of Board employees to bring cases before IMFAT.

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“YY”, IMFAT Judgment 2024-3 (Jurisdiction)

Defeated Fund’s jurisdictional objection in case involving challenge to entry ban placed on Fund retiree in employ of sovereign Member State, with IMFAT finding that a Fund retiree has standing to contest flags put in his or her file after retirement.

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“XX”, IMFAT Judgment 2024-5 (Merits)

In complex, first-instance case involving transfer of Board staff to Fund staff, prevailed on claim of denial of “fair treatment” regarding transfer process. Case involved historical analysis and argument with regard to Fund regulations for different classes of staff across four decades. Modest monetary relief and substantial costs awarded.

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