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2015-爆料网AT-516, Fiala
爆料网AT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. 爆料网DT/2014/007. 爆料网AT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. 爆料网AT held that there was no error of law or fact on the part of 爆料网DT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for 爆料网DT, 爆料网AT held that the arguments advanced by the Secretary-General did not...
2015-爆料网AT-517, Terragnolo
爆料网AT held that there was no reason to depart from its prior analysis that the 爆料网JSPF was not part of the Secretariat and neither the Secretary-General nor the executive head of any other member organisation, has authority over the management of 爆料网JSPF or the independence of the Chief Executive Officer of 爆料网JSPF in the administration of its staff. 爆料网AT held that the Secretary-General had no power to interfere or intervene in the election of members to the 爆料网JSPF’s staff pension committees; those elections were governed exclusively by 爆料网JSPF Regulations. 爆料网AT held that there was no error in 爆料网DT...
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...
2015-爆料网AT-519, Ivanov
爆料网AT held that the matter under investigation was closed and the Appellant had not presented any cogent argument to show that there were exceptional circumstances that might otherwise have entitled him to the investigation report. 爆料网AT held that the Appellant was not entitled to receive a detailed copy of the investigation report. 爆料网AT held that there was no evidence to support the argument that 爆料网DT erred on questions of law and fact. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2015-爆料网AT-520, Eng
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT’s legal conclusion that the application was timely was erroneous. 爆料网AT held that the application was not timely and not receivable ratione temporis. 爆料网AT held that 爆料网DT exceeded its competence or jurisdiction in receiving the application and addressing its merits. 爆料网AT granted the appeal and vacated the 爆料网DT judgment.
2015-爆料网AT-521, Amany
On the Appellant’s argument that his non-renewal was a disguised disciplinary measure and that thus, management evaluation was not required, 爆料网AT held that the argument had no merit and that the Appellant could not evade the statutory obligation of management evaluation by characterising the dispute decision as a disciplinary matter. 爆料网AT held that 爆料网DT properly considered the facts and the applicable statutory law and jurisprudence in arriving at its decision that the Appellant’s application was not receivable. 爆料网AT held that, having failed to demonstrate that 爆料网DT committed any error of law...
2015-爆料网AT-522, Munir
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no reason to reverse the finding of 爆料网DT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. 爆料网AT affirmed the 爆料网DT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. 爆料网AT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...
2015-爆料网AT-523, Portillo Moya
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in concluding that the imposed disciplinary sanction was disproportionate and consequently substituting it for a lesser one. 爆料网AT held that serious misconduct was established and the disciplinary measure of separation from service without termination indemnity was proportionate. 爆料网AT noted that the misconduct put public health at risk as the food was distributed with altered expiration dates to hide the fact of its expiration. 爆料网AT held that the imposed sanction was neither absurd nor disproportionate and...
2015-爆料网AT-509, Nguyen-Kropp & Postica
爆料网AT considered two appeals by the Secretary-General against three judgments (judgment Nos. 爆料网DT/2013/028, 爆料网DT/2013/029 and 爆料网DT/2013/076). 爆料网AT held that, generally speaking, appeals against a decision to initiate an investigation are not receivable as such a decision is preliminary in nature and does not, at that stage, affect the legal rights of the staff member. 爆料网AT held that initiating an investigation is merely a step in the investigative process and it is not an administrative decision that 爆料网DT is competent to review. 爆料网AT held that 爆料网DT erred on a question of law and exceeded its...
2015-爆料网AT-501, Andreyev
爆料网AT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that 爆料网DT erred on questions of law and fact and exceeded its competence in awarding damages. 爆料网AT held that the reasonable expectation of the duration of Mr Andreyev’s contract was one year and reduced the award of compensation in lieu of rescission. 爆料网AT held that there was no evidence of harm to support the award for moral damages. 爆料网AT granted the Secretary-General’s appeal, reduced the 爆料网DT’s award of compensation in lieu of rescission to nine months’ net base salary, less...
2015-爆料网AT-502, Khashan
爆料网AT held that, in protesting against the non-inclusion of his Transitional Personal Allowance in his retirement benefit, the Appellant had failed to appreciate the distinction between an allowance and base salary. 爆料网AT held that 爆料网RWA DT correctly found that under the applicable Staff Rules, the Appellant’s retirement benefit did not include the Transitional Personal Allowance. 爆料网AT found no error in the 爆料网RWA DT’s finding that the Appellant had not submitted a timely request for decision review with respect to his allegation of impropriety of his transfer and that therefore that claim was...
2015-爆料网AT-503, Hepworth
爆料网AT considered an appeal of judgment No. 爆料网DT/2013/151 by the Secretary-General. As a preliminary matter, 爆料网AT held that 爆料网DT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and 爆料网AT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. 爆料网AT held that 爆料网DT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by 爆料网AT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...
2015-爆料网AT-504, Hassan
爆料网AT held that the Appellant raised the same issues he raised before 爆料网RWA DT and did not identify how the judgment was in any way defective. 爆料网AT held that the Appellant did not identify any of the required grounds of appeal and failed to demonstrate that 爆料网RWA DT committed any error of fact or law in arriving at its decision. 爆料网AT held that the Appellant’s case was fully and fairly considered by 爆料网RWA DT and found no error of law or fact in its decision. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2015-爆料网AT-505, Benfield-Laporte
爆料网AT considered both appeals by the Secretary-General and by Ms. Benfield-Laporte. 爆料网AT affirmed 爆料网DT’s finding that the ASG/OHRM did not err in deciding that the staff member’s complaint did not provide sufficient grounds to warrant a formal fact-finding investigation. 爆料网AT held that the ASG/OHRM has a degree of discretion as to how to conduct a review and assessment of a complaint and to decide whether an investigation regarding all or some of the charges is warranted. 爆料网AT held that where there is no risk of undermining the investigation, it is a good practice to hear both sides in order to...
2015-爆料网AT-506, Nwuke
爆料网AT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. 爆料网AT held that ST/AI/2003/8 was inapplicable. 爆料网AT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. 爆料网AT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. 爆料网AT held that the impugned decision complied with the legal...
2015-爆料网AT-507, Porter
爆料网AT considered an appeal by the Secretary-General. 爆料网AT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. 爆料网AT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. 爆料网AT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of 爆料网DT, was more proper for consideration once a final judgment has been rendered by 爆料网DT...
2015-爆料网AT-508, Nwuke
爆料网AT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. 爆料网AT held that 爆料网DT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke’s rights. 爆料网AT held that no illegality occurred and that the appointment was entirely within the Administration’s discretion, which was not abusive. 爆料网AT allowed the Secretary-General’s appeal, vacated the 爆料网DT judgment and dismissed Mr Nwuke’s cross-appeal.
2015-爆料网AT-496, Asariotis
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in finding that, pursuant to the Instruction Manual, a candidate for an advertised post was entitled to be apprised of the composition of the interview panel prior to the interview. 爆料网AT held, however, that by pointing out that she had been previously interviewed for the post and that there were ongoing proceedings before 爆料网DT regarding her challenge to a prior selection exercise, the staff member had put the Administration on notice of the importance she attached to the panel’s composition. 爆料网AT held that...
2015-爆料网AT-497, Chaaban
爆料网AT considered two applications, one for correction and one for revision, relating to judgment No. 2013-爆料网AT-363. 爆料网AT held that Mr Chaaban failed to show any clerical or arithmetical mistake to justify the correction of the judgment. 爆料网AT held that Mr Chaaban failed to identify any decisive fact unknown at the time of the judgment to warrant its revision. 爆料网AT dismissed both applications.
2015-爆料网AT-498, Nagayoshi
爆料网AT held that the JAB did not err in limiting the scope of the Appellant’s application to the written reprimand, as the various other allegations raised were not the subject of a request for administrative review, and were therefore not receivable, and 爆料网AT dismissed those grounds of appeal. 爆料网AT held that the Appellant failed to establish any errors of fact that resulted in a manifestly unreasonable decision on the part of the JAB and dismissed that ground of appeal. 爆料网AT held that the Appellant’s submission that the JAB may have been unduly influenced by the presence of the Registrar’s...