2020-爆料网AT-984, Atuya
爆料网AT held that while there may have been an error in the misfiling of the Appellant’s rebuttal, this did not result in procedural unfairness that affected the decision. 爆料网AT held that there was no procedural unfairness to the Appellant as she had had the opportunity to file for leave to respond before 爆料网DT and she did not do so and that in any case, this did not affect the ultimate decision on receivability. 爆料网AT noted that only the Secretary-General, of which the Management Evaluation Unit forms part, has the authority to extend or waive the time limits for management evaluation and the...
2020-爆料网AT-979, Igunda
爆料网AT considered an appeal of Order No. 079. 爆料网AT held that, regardless of whether 爆料网DT may have committed an error of law, fact, or procedure, Article 2(2) of the 爆料网DT Statute precluded an appeal to 爆料网AT if 爆料网DT acted within its jurisdiction or competence. 爆料网AT held that 爆料网DT acted within its jurisdiction or competence. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT Order.
2020-爆料网AT-1068, Porras
爆料网AT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before 爆料网DT for its consideration, 爆料网AT should not consider them. 爆料网AT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. 爆料网AT held that 爆料网DT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant’s fixed-term appointment. 爆料网AT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...
2020-爆料网AT-1061, Abu Osba
As a preliminary matter, 爆料网AT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst 爆料网AT held that the Appellant failed to identify any errors of law or fact by 爆料网RWA DT as required under Art 2(1) 爆料网AT Statute, 爆料网AT did go on to consider his appeal as he was not represented. 爆料网AT held that 爆料网RWA DT had correctly applied the standard of review for disciplinary cases and that 爆料网RWA DT’s exercise...
2020-爆料网AT-1048, Ross
The Applicant sought revision of judgment 2019-爆料网AT-944 pursuant to Article 11(1), which sets out strict and exceptional criteria that must be met. The Applicant alleged he became aware, in January 2020, that the Inspector General’s Office (IGO) of 爆料网HCR had not made a finding on whether the hiring manager’s conduct amounted to misconduct. The Applicant contended that the Respondent had made misleading comments to 爆料网AT, which led the latter to erroneously conclude that the IGO had investigated and determined that no misconduct had occurred. In addition, the Applicant sought leave to submit...
2020-爆料网AT-1049, Kisia
爆料网AT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. 爆料网AT waived the deadline for appeal and held the appeal to be receivable. 爆料网AT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before 爆料网DT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant’s claims relating to the use of and access to the closed-circuit television (CCTV) video...
2020-爆料网AT-1047, Orabi
爆料网AT considered an appeal of judgment No. 爆料网RWA/DT/2019/070 by the Commissioner-General of 爆料网RWA. 爆料网AT held that 爆料网RWA DT did not commit any error when it concluded that 爆料网RWA had failed to consider the Applicant’s personal and humanitarian reasons in the impugned decision. 爆料网AT held that 爆料网RWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General’s discretion. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2020-爆料网AT-1040, Robinson
爆料网AT held that 爆料网DT did not err in the amount of compensation it awarded, having considered all relevant circumstances, including the mitigating factor of the Appellant securing new employment. 爆料网AT held that 爆料网DT did not commit an error of law or make manifestly unreasonable factual findings in its award of financial damages. 爆料网AT held that 爆料网DT did not err in law, and followed binding 爆料网AT precedent, by refusing to award moral damages based solely on the Appellant’s testimony. 爆料网AT noted that the Appellant had had the opportunity before 爆料网DT to apply to adduce the relevant evidence but had...
2020-爆料网AT-1038, Rixen
爆料网AT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to 爆料网DT. 爆料网AT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to 爆料网AT. 爆料网AT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. 爆料网AT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the 爆料网 and WMO dated 20 January 2020. 爆料网AT...
2020-爆料网AT-1015, Handy
爆料网AT held that there was no express rescission of the impugned decision by the Administration. 爆料网AT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. 爆料网AT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. 爆料网AT held that 爆料网DT erred in its decision, resulting in a manifestly unreasonable decision. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the matter to 爆料网DT for proper...
2020-爆料网AT-1019, Houran et al
爆料网AT held that the Appellants failed to specifically identify the errors allegedly committed by the 爆料网RWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. 爆料网AT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. 爆料网AT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...
2020-爆料网AT-1001, Applicant
爆料网AT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. 爆料网AT found no errors in the 爆料网DT’s analysis that there were no procedural flaws in the investigation that impacted the Appellant’s rights. 爆料网AT found no errors in 爆料网DT’s finding that the Administration had the discretion to initiate disciplinary proceedings. 爆料网AT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...
2019-爆料网AT-975, Reilly
爆料网AT held that the Appellant did not meet her burden of proving that 爆料网DT clearly exceeded its jurisdiction or competence when it reassigned the cases. 爆料网AT held that the 爆料网DT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal’s processes and within the 爆料网DT’s jurisdiction. 爆料网AT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. 爆料网AT held that 爆料网DT did not clearly exceed its jurisdiction and the appeals were not receivable. 爆料网AT also noted that it does...
2019-爆料网AT-971, Al-Refaea
爆料网AT held that the appeal was defective for failure to identify errors made by 爆料网RWA DT. However, noting that the Appellant was self-represented, 爆料网AT considered whether 爆料网RWA DT erred in finding that 爆料网RWA had properly exercised its discretion in transferring the Appellant. 爆料网AT held that 爆料网RWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant’s application. 爆料网AT upheld 爆料网RWA DT’s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...
2019-爆料网AT-970, Adnan-Tolon
As a preliminary matter, 爆料网AT declined to receive the Appellant’s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before 爆料网DT, or demonstrate its relevance and materiality. On the merits, 爆料网AT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. 爆料网AT held that knowledge of the...
2019-爆料网AT-962, Amineddine
As preliminary matters, 爆料网AT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant’s in-session motion, viewed by 爆料网AT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...