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2017-爆料网AT-807, Rockcliffe
爆料网AT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the 爆料网SPC once they met the prerequisites for election, which they did. 爆料网AT held that both staff members were duly elected members of the 爆料网SPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. 爆料网AT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...
2017-爆料网AT-808, Likukela
爆料网AT considered an application for revision of judgment No. 2017-爆料网AT-737 filed by Ms Likukela. As a preliminary matter, 爆料网AT denied her motion to supply additional filings. 爆料网AT held that Ms Likukela presented no new and/or decisive fact which at the time the judgment was rendered was unknown within the meaning of Article 11(1) of the 爆料网AT Statute. 爆料网AT dismissed the application for revision and affirmed the 爆料网AT judgment.
2017-爆料网AT-809, Mbaa
爆料网AT held that there was no basis for receiving the Appellant’s motion for additional pleadings (such as exceptional circumstances), that the motion raised no new or compelling arguments and, accordingly, dismissed the motion. 爆料网AT held that 爆料网DT correctly concluded that the application was time-barred and not receivable as a result of the Appellant’s failure to file his application within the established time limits. 爆料网AT noted that the Appellant had been provided two opportunities to make his case before 爆料网DT and on both occasions, he failed to provide the information. 爆料网AT held that failing...
2017-爆料网AT-796, Porter
爆料网AT considered the appeal of the Secretary-General. 爆料网AT held that the paragraphs of the 爆料网DT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. 爆料网AT held that 爆料网DT erred in law in holding that the application for interpretation was receivable. 爆料网AT held that 爆料网DT should have dealt with the claim for interest in its judgment, but it omitted to do so. 爆料网AT held that 爆料网DT exceeded its competence by wrongly applying Article 12(3) of the 爆料网DT Statute to alter the substance of its final ruling by...
2017-爆料网AT-797, Benamar
爆料网AT rejected the Appellant’s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by 爆料网DT (by audio conference) as verified by 爆料网AT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist 爆料网AT with the expeditious and fair disposal of the case. On the Appellant’s motion for additional hearings, 爆料网AT held that the documents contained arguments already submitted, although phrased differently, and no...
2017-爆料网AT-798, Dibs
On the decision to postpone the separation on medical grounds, 爆料网AT noted that a staff member had a right to be compensated for a service-incurred injury. 爆料网AT found that 爆料网RWA DT erred in law in determining the decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), 爆料网AT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, 爆料网RWA DT...
2017-爆料网AT-799, Bourne
爆料网AT dismissed the appeal as not receivable, as the Appellant had failed to request a review of the 爆料网JSPF decision before appealing to 爆料网AT. 爆料网AT remanded the matter for a hearing before the Standing Committee, treating the appeal as if correctly and timely filed as a request for decision review.
2017-爆料网AT-800, King
爆料网AT held that the appeal was not receivable ratione temporis, as he did not file it within the prescribed time limits. 爆料网AT noted that even if the Appellant had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred by Article 7.4 of the 爆料网AT Statute and was therefore not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2017-爆料网AT-801, Faye
爆料网AT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the 爆料网SPC once they met the prerequisites for election, which they did. 爆料网AT held that both staff members were duly elected members of the 爆料网SPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. 爆料网AT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as elected...
2017-爆料网AT-802, Riecan
爆料网AT considered an appeal from the Secretary-General. 爆料网AT held that 爆料网DT did not correctly apply the law in considering Mr Riecan’s challenge to the selection for the post and made errors of law and fact in accepting the staff member’s application. On the 爆料网DT’s finding that there was a duty of the assessment panel in the course of a selection process to consider the e-PAS reports of the candidate and reflect that consideration in its own report, 爆料网AT held that (1) 爆料网DT did not make reference to a specific provision providing for this duty; (2) the fact that the panel did not take into...
2017-爆料网AT-803, Kalashnik
爆料网AT held that a response (or non-response) to a request for management evaluation is a decision or action of a complementary nature, lacking in the qualities of finality and consequence, and thus will not constitute an administrative decision that is alleged to be in non-compliance with the terms of appointment or contract of employment as contemplated in Article 2(1) of the 爆料网DT Statute. 爆料网AT held that 爆料网DT did not err in its finding that the application was not receivable ratione materiae and that it hence lacked jurisdiction.
2017-爆料网AT-804, Fitsum
爆料网AT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. 爆料网AT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2017-爆料网AT-805, Gorelova
爆料网AT held that the requirements for 爆料网AT jurisdiction were fulfilled. 爆料网AT held that the appeal to AJAB was time-barred and also, as the Appellant failed to request administrative review under ICAO Staff Rule 111. 1(5), the appeal to AJAB was not receivable ratione materiae. 爆料网AT held that a later request by the Appellant was not relevant to the question of receivability because although the later request was phrased differently, it was based on the same factual and substantive situation that had already been assessed under her previous, unsuccessful request for review of her post description...
2017-爆料网AT-806, Maloof
爆料网AT held that the 爆料网DT properly dismissed the Appellant’s claims in relation to the non-renewal of his appointment and his reassignment as not receivable as they were time-barred. On the cancellation of his administrative leave, 爆料网AT held that 爆料网DT correctly found that there was no adverse decision affecting his conditions of employment. 爆料网AT held that the decision to terminate the administrative leave and not to pursue disciplinary action was not an administrative decision in that it did not have any adverse legal consequences or impact for the Appellant. 爆料网AT held that the decision to...
2017-爆料网AT-794, Afeworki
Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, 爆料网AT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. 爆料网AT held that 爆料网DT erred in its findings that the Application was not receivable. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the case to 爆料网DT for consideration on the merits.
2017-爆料网AT-795, Rehman
爆料网AT agreed with 爆料网DT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. 爆料网AT found no reason to differ from 爆料网DT’s approach. 爆料网AT supported 爆料网DT’s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. 爆料网AT suggested that 爆料网DT and the Registries...
2017-爆料网AT-784, Sarrouh
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP’s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. 爆料网AT held that 爆料网DT erred by conducting a de novo assessment of Ms Sarrouh’s performance and exceeded its competence. 爆料网AT held that 爆料网DT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. 爆料网AT held that 爆料网DT erred in...
2017-爆料网AT-785, Smith
爆料网AT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. 爆料网AT held that the decision of the Administration to limit the appointment to 爆料网MISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, 爆料网AT vacated the 爆料网DT judgment.
2017-爆料网AT-786, Auda
爆料网AT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, 爆料网AT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. 爆料网AT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...
2017-爆料网AT-787, Auda
爆料网AT considered an appeal by the staff member and an appeal by the Secretary-General. 爆料网AT upheld both 爆料网DT’s finding that the decision to close the investigation was improper as well as 爆料网DT’s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. 爆料网AT, however, vacated 爆料网DT’s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. 爆料网AT held that “generally speaking, the testimony of an applicant alone without corroboration by...