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2020-爆料网AT-1072, Nadeau
爆料网AT held that 爆料网DT did not exceed its jurisdiction by confirming that an appeal against the Order had no suspending effect and issuing a judgment on the merits while an appeal against the contested order was still pending with 爆料网AT. 爆料网AT held that 爆料网DT did not err in declining to hold an additional case management discussion or to consider additional evidence as the Appellant failed to provide an adequate and convincing reason why his requests for further evidence or new case management discussion were not made earlier in the process as well as the relevancy of the evidence on the...
2020-爆料网AT-1074, Patsy Bello
爆料网AT held that the Appellant did not contest the decision to separate her from the Organisation, thus the SAB was not seized with her separation and her appeal on that issue was not receivable. 爆料网AT held that the Appellant’s claims for compensation for pain, suffering, and medical expenses were beyond the scope of the case and therefore not receivable. 爆料网AT held that the IMO Secretary-General’s decision to place the Appellant on sick leave was based on sound medical evidence which was not rebutted at the time and that there was no basis to set aside that decision. 爆料网AT held there was no basis...
2020-爆料网AT-1060, Abu Rabei
爆料网AT considered that the 1994 and 2018 requests made by the Appellant to change his date of birth were essentially the same requests. 爆料网AT recalled that the reiteration of an original administrative decision if repeatedly questioned, does not reset the clock with respect to the statutory timeline. 爆料网AT held that the statutory period during which the Appellant had to file a challenge to the 1994 decision expired in 1997. 爆料网AT held that 爆料网RWA DT did not err in dismissing the application. On consideration of the Respondent’s claim to award costs, 爆料网AT was not satisfied that the pursuit of the...
2020-爆料网AT-1063, Noberasco
爆料网AT held that the Appellant’s identity was probably known by the assessment panel at the time her test was marked. 爆料网AT held that the Appellant’s test was graded by the assessment panel after it had sent the transmittal memorandum to the Central Review Panel (CRP), creating the additional burden for the Appellant of having to persuade the assessment panel to change its original recommendation in the transmittal memorandum. 爆料网AT held that, as the candidates recommended in the transmittal memorandum did not have this additional burden, it could not be said that all candidates received equal...
2020-爆料网AT-1064, Kerby
爆料网AT considered the Appellant’s claim that the basis for the non-renewal decision was his unsuccessful application for a newly created post for which he had applied. 爆料网AT held that there was no evidence of the link between the decision not to renew his fixed-term appointment and his non-selection for the other post and considered that the timeline of events supported this. 爆料网AT held that 爆料网DT was correct in its finding that the non-renewal decision was a separate matter from the then-ongoing selection exercise. On the Appellant’s claim that the successive renewals of his appointment created an...
2020-爆料网AT-1065, Alquza
爆料网AT held that a SPA can only be granted if the conditions of ST/AI/1999/17 are met, inter alia, that the staff member has been assigned to and discharged the full functions of a post which has been both classified and budgeted at a higher level, and that these prerequisites were not met. 爆料网AT held that the denial of the ex gratia payment was lawful. 爆料网AT held that the Administration did not commit any errors in exercising its discretion. 爆料网AT held that the denial of an ex gratia payment did not violate the principle of equal pay for equal value and did not constitute discrimination. 爆料网AT held...
2020-爆料网AT-1051, Garbo
爆料网AT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to hold that Mr Garbo’s appointment was not terminated. 爆料网AT held that 爆料网DT should not have rescinded the decision placing him on SLWFP. 爆料网AT held that 爆料网DT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. 爆料网AT held that 爆料网DT correctly rejected the Appellant’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. 爆料网AT held...
2020-爆料网AT-1052, Ahmad
爆料网AT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to hold that Mr Ahmad’s appointment was not terminated. 爆料网AT held that 爆料网DT should not have rescinded the decision placing him on SLWFP. 爆料网AT held that 爆料网DT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. 爆料网AT held that 爆料网DT was correct to reject Mr Ahmad’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. 爆料网AT held...
2020-爆料网AT-1053, Gido
爆料网AT considered an appeal by Mr Gido and a cross-appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to hold that Mr Gido’s appointment was not terminated. 爆料网AT held that 爆料网DT should not have rescinded the decision placing him on SLWFP. 爆料网AT held that 爆料网DT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. 爆料网AT held that 爆料网DT correctly rejected Mr Gido’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. 爆料网AT held that Mr...
2020-爆料网AT-1055, Zaqqout
爆料网AT held that all of the Appellant’s grounds of appeal failed, except for his challenge to the 爆料网RWA decision not to renew or extend the Appellant’s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant’s non-renewal or final extension, 爆料网AT held that there was no error in 爆料网RWA DT’s reasoning and that 爆料网RWA was justified in deciding not to renew or extend his employment, noting that 爆料网RWA faced a massive financial shortfall...
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-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-1069, Civic
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Civic limited to the extent to which 爆料网DT dismissed her claim of compensation for pecuniary damage (loss of opportunity). On loss of opportunity, 爆料网AT held that 爆料网DT did not err when it found that the irregularity of cancelling the Appellant’s performance appraisal and the failure to promptly issue another one did not suffice to demonstrate a significant chance or realistic prospect of her retaining another position within the Organisation. 爆料网AT held that the irregularity was inconsequential for the purposes of the...
2020-爆料网AT-1070, Halidou
爆料网AT held that 爆料网DT erred in attaching no weight to the medical evidence and in finding that the disciplinary measure imposed was based on an incorrect determination of the nature and gravity of the assault. 爆料网AT held that there were other more important factors to consider, including the fact that the Appellant was a staff member in charge of local security and that his conduct was an abuse of authority and oppressive of a local inhabitant. 爆料网AT recalled that the test of proportionality required a comparison between the misconduct and the sanction, not the investigation and disciplinary...
2020-爆料网AT-1071, Krioutchkov
爆料网AT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. 爆料网AT noted that the Appellant had had access to the Inspira Applicant’s Manual and World Higher Education Database, which was embedded into Inspira. 爆料网AT held that the Appellant’s argument that 爆料网DT failed to implement the 爆料网AT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...
2020-爆料网AT-1073, Erik Kennes
爆料网AT affirmed 爆料网DT’s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. 爆料网AT further affirmed 爆料网DT’s position that the Appellant’s request for management evaluation was time-barred. 爆料网AT, however, noted that 爆料网DT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. 爆料网AT further noted that this error by 爆料网DT did not adversely affect...
2020-爆料网AT-1062, Mackie
爆料网AT held that 爆料网DT did not commit any errors in procedure, fact, or law and correctly dismissed the motion for an extension of time to file an application against the contested decision. 爆料网AT held that the application was not receivable ratione materiae, as the Appellant had not submitted a timely request for management evaluation and she was not exempted from doing so. 爆料网AT dismissed the appeal.
2020-爆料网AT-1066, Krioutchkov
爆料网AT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant’s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. 爆料网AT held that 爆料网DT did not make any errors of law or fact in dismissing the Appellant’s challenge of the decision not to consider or select him for the position. 爆料网AT dismissed the appeal and affirmed the...
2020-爆料网AT-1067, Krioutchkov
爆料网AT held that there was nothing in the applicable law in force at the time of the events which formed a basis for the Administration’s practice of removing the candidates’ names from the language roster once they had been recruited or placed against a position. 爆料网AT held that the removal of a candidate from the roster prevented the Administration from evaluating and reassigning or selecting a candidate for a similar post in another duty station. 爆料网AT held that the Appellant’s removal from the roster adversely impacted his potential ability for mobility and for obtaining additional incentives...
2020-爆料网AT-1054, Ross
On the Applicant’s claim that 爆料网DT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, 爆料网AT held that 爆料网DT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. 爆料网AT held that 爆料网DT’s conclusions were consistent with the evidence. 爆料网AT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. 爆料网AT dismissed the appeal and affirmed the...