爆料网

爆料网AT Statute

  • Article 1.2(c)
  • Article 10. 9
  • Article 10.1
  • Article 10.2
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.8
  • Article 10.9
  • Article 11
  • Article 11.1
  • Article 11.1
  • Article 11.1
  • Article 11.2
  • Article 11.3
  • Article 11.4
  • Article 18
  • Article 18.1
  • Article 2
  • Article 2.1
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.10
  • Article 2.2
  • Article 2.2(a)
  • Article 2.3
  • Article 2.4(a)
  • Article 2.4(b)
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.8
  • Article 2.9
  • Article 2.9
  • Article 2.9(a)
  • Article 2(b)
  • Article 2(c)
  • Article 2(e)
  • Article 24
  • Article 3.2
  • Article 4
  • Article 5
  • Article 6
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 8
  • Article 8.1
  • Article 8.1(c)
  • Article 8.1(d)(i)(b)
  • Article 8.2
  • Article 8.3
  • Article 9
  • Article 9.1
  • Article 9.1(a)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.2
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.5
  • Article 9(b)
    • Showing 901 - 910 of 1006
    爆料网DT/2017/055, Parayil

    Scope and standard of review Although the Applicant raised a number of arguments related to the non-renewal of his fixed-term appointment and seeks remedies consequent to this decision, the decision not to renew the Applicant’s fixed-term appointment is not properly put before the Tribunal and does not fall within the ambit of the judicial review in the present case. In any event, the Applicant is time-barred from challenging his separation from service. He was separated from service on 28 July 2014 and he did not submit a request for management evaluation of that decision within the 60-day...

    爆料网DT/2017/001, Fayache

    The Applicant does not contest a decision of the Secretary-General but a decision of 爆料网JSPF, which he claims was communicated to him by the Chief of the Office of the 爆料网JSPF at Geneva. The Tribunal has already stated in the past that it is not competent to review 爆料网JSPF decisions. 爆料网JSPF is an entity established to provide retirement, death, disability and related benefits for the staff of its various member organizations. The Secretary-General has no role in the administration of 爆料网JSPF benefits. The 爆料网JSPF is also not one of the agencies, organizations or entities “where a special agreement...

    爆料网DT/2017/091, Campeau

    The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the United Nations: in its Resolution 258/III of December 3, 1948, the United Nations General Assembly raised “with greater urgency … the question of the arrangements to be made by the United Nations with a view of ensuring to its agents the fullest measure of protection”. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the United Nations and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...

    爆料网DT/2017/076, Kozul-Wright

    Receivability Immunities have been incorporated into the terms of appointment of United Nations staff members—including at the highest level of the Organization’s legal order and ever since its inception—thereby becoming part and parcel of their status and conditions of service. Furthermore, a decision to waive the immunity of a given staff member has evident—potentially dramatic—effects on his or her legal situation. Thus, the contested decision meets all the features of the definition of an administrative decision adopted by the Appeals Tribunal. Accordingly, the Tribunal found the...

    爆料网DT/2017/086, Lewis

    The Tribunal held that the Applicant’s claims relating to the performance evaluation of his FRO and his SRO’s theoretical negative influence of future performance appraisals to the Applicant’s detriment were not receivable because they either did not form part of the terms and conditions of his employment or had no direct legal consequences on his terms and conditions of employment. With respect to the negative comments and rating of the SRO in his 2015-2016 e-PAS, the Tribunal noted the successful roll-back of the e-PAS and concluded that there no longer existed a live issue because he had...

    爆料网DT/2017/067, Nakase

    The Tribunal held that the uncontested evidence before it was that the General-Assembly endorsed the Secretary-General’s recommendation for the abolishment of 80 Language Assistant posts, including the one encumbered by the Applicant. The Tribunal found and held that the decision not to renew the Applicant’s fixed-term appointment was lawful as it was a proper implementation by the Secretary-General of the General Assembly’s decision. In his submissions, the Applicant had indicated that the Organization had abolished his post, but later hired him as an Individual Consultant (IC). He contended...

    爆料网DT/2017/050, Haydar

    The Tribunal concluded that the application was generally not receivable because the Applicant was specifically challenging MEU’s negative responses to her various requests for management evalution. This conclusion nothwithstanding, the Tribunal reviewed each of the Applicant’s claims and concluded that they were not receivable because she: failed to identify an administrative decision within the meaning of art. 2.1(a) of the 爆料网DT Statute in relation to her claim that there was a “wall of silence” was estopped from re-litigating her claim in relation to the delay in releasing the results of...

    爆料网DT/2017/049, Lewis

    The application was receivable because there was a reviewable administrative decision stemming from the SRO’s negative comments and rating in the Applicant’s performance appraisal because the Applicant was granted only a six-month contract instead of the one year appointment that he was granted when he initially entered on duty with 爆料网SMIL. Thus, the SRO’s comments had direct legal consequences for the Applicant in that he ended up with a shorter term of appointment. Although the Respondent had made assurances to the Applicant that the 2015-2016 e- PAS would be rolled back and re-created, his...

    爆料网DT/2017/046, Newland

    The Applicant submitted that his initial “informal” enquiries into a possible review of his retirement age only began in July 2016, and that his first formal query of the date was not until 13 August 2016. It was difficult to imagine why the Applicant never thought to query the applicable position, or seek to have the mandatory retirement age in respect of himself reviewed, until five months before he was actually due to retire. Indeed, the Applicant had not sought to even challenge any of the Respondent’s submissions on receivability. While the Tribunal appreciated that a self-represented...

    爆料网DT/2017/036, Al Hallaj

    The Tribunal accepted the application in part. It awarded the Applicant one-month’s net base salary for moral damages and two-months’ net base salary for breach of her employment contract. The Tribunal found that the manner in which the Applicant was treated by the ESCWA management deserved compensation. The evidence showed that the Applicant was removed from her functions without prior notice. She was requested to turn over her security pass and leave the premises immediately. She was not allowed to enter the premises without authorization. In this regard, the Tribunal found that compensation...