2015-爆料网AT-518, Oummih
爆料网AT held that 爆料网DT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. 爆料网AT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. 爆料网AT affirmed 爆料网DT’s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...
2014-爆料网AT-460, Ngokeng
爆料网AT considered the Secretary-General's appeal of judgment on Receivability No. 爆料网DT/2013/061 and of judgment on the Merits No. 爆料网DT/2013/101. 爆料网AT held that the appeal of the judgment on Receivability was timely. 爆料网AT found that 爆料网DT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. 爆料网AT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...
2014-爆料网AT-450, Bali
爆料网AT considered the Secretary-General’s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. 爆料网AT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. 爆料网AT also noted that Mr Bali was encouraged by the Office of Human Resources Management’s (OHRM) advocacy and information...
2013-爆料网AT-341, Appellee
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by the staff member. 爆料网AT concurred with the former 爆料网 Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member’s fixed-term appointment was not unlawful. 爆料网AT agreed with the 爆料网DT’s finding that the staff member had suffered no material harm from the series of renewals for short...
2013-爆料网AT-310, Nasrallah
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 爆料网AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 爆料网AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 爆料网AT...
2012-爆料网AT-236, Gehr
爆料网AT rejected Mr Gehr’s contention that the restructuring, although a legitimate exercise of managerial discretion, had been carried out arbitrarily to marginalize him. In accordance with paragraph 2. 4 of ST/AI/2006/3, the Joint Inspection Unit (JIU), in its report, advised the Executive Director to conduct a functional review of all 爆料网ODC divisions, sections and units, and align them to the reconfirmed prioritized framework for action of the Office, including by reorienting human and financial resources if necessary. The JIU further recommended that the Executive Director take measures to...
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