Information Circulars | SYSTEM OF ADMINISTRATION OF JUSTICE

2012-惇蹋厙AT-233, Charles

29 Jun 2012

惇蹋厙AT held that 惇蹋厙DT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC＊s power. 惇蹋厙AT held that 惇蹋厙DT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant＊s terms of employment ※specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM§. 惇蹋厙AT held that 惇蹋厙DT had properly observed that an ※incomplete application may therefore be one which is missing...

2012-惇蹋厙AT-227, Ernst

29 Jun 2012

惇蹋厙AT held that 惇蹋厙DT did not err in fact or law in its determination that the applicable Information Circular did not entitle the Appellant to an EOSA, nor was it contrary to a higher legal norm. 惇蹋厙AT noted that the facts of the case showed that her resignation did not fulfil the conditions required by the quoted circular. 惇蹋厙AT specifically noted how the resignation was taken knowing the risks involved and caused the break in service, which determined the ineligibility for collecting the allowance claimed for, acknowledging that the Appellant was requesting an exception from the regulations to...

2013-惇蹋厙AT-280, Applicant

28 Mar 2013

惇蹋厙AT considered two appeals by the Secretary-General of judgment Nos. 惇蹋厙DT/2011/106 and 惇蹋厙DT/2011/192. 惇蹋厙AT held that it was satisfied that the Complainant did not share the Applicant＊s desire to pursue a sexual relationship and that the Applicant＊s conduct was unwelcome. 惇蹋厙AT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. 惇蹋厙AT held that the Secretary-General had clear...

2014-惇蹋厙AT-433/Corr.1, Hersh

27 Jun 2014

惇蹋厙AT considered an appeal by the Secretary-General. 惇蹋厙AT held that 惇蹋厙DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 惇蹋厙AT held that 惇蹋厙DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

2014-惇蹋厙AT-433, Hersh

27 Jun 2014

2015-惇蹋厙AT-563, Reid

2 Jul 2015

惇蹋厙AT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. 惇蹋厙AT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

2015-惇蹋厙AT-556, Scheepers et al

2 Jul 2015

惇蹋厙AT considered an appeal by the Secretary-General. On the question of whether 惇蹋厙DT erred in finding that the five years＊ experience requirement was arbitrary and not based on any proper consideration, 惇蹋厙AT held that, absent any proper legal or factual basis upon which to impugn the five years＊ experience requirement, 惇蹋厙DT had no function in substituting its judgment for that of the Administration in determining the criteria for the selection of S-3 officers, and in doing so, 惇蹋厙DT erred in law resulting in a manifestly unreasonable decision. 惇蹋厙AT held that 惇蹋厙DT erred in law in deeming the...

2019-惇蹋厙AT-896, Harris

29 Mar 2019

The 惇蹋厙DT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, 惇蹋厙AT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that 惇蹋厙DT had committed any error of fact or law in arriving at its decision. 惇蹋厙AT held that Mr Harris＊ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, 惇蹋厙AT found no reason to differ from the 惇蹋厙DT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...

2020-惇蹋厙AT-1003, Fairweather

27 Mar 2020

惇蹋厙AT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. 惇蹋厙AT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. 惇蹋厙AT held that while the absence of a response to a staff member＊s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. 惇蹋厙AT held that in the...

惇蹋厙DT/2009/005, Campos

8 Dec 2009

The Judges of the 惇蹋厙DT and 惇蹋厙AT were not appointed by the IJC whose mandate was to identify suitable candidates for recommendation to the General Assembly. The Judges were elected by the General Assembly on 2 March 2009 and that process involved the participation of nearly 190 Member States of the United Nations. This guaranteed their independence. The Applicant＊s averment of lack of impartiality was based on the fact that the Judges of the 惇蹋厙DT and 惇蹋厙AT were selected by the IJC. The Applicant made general accusations of potential bias but did not give any precision on how this bias on the...