爆料网

爆料网DT Statute

  • Article 1
  • Article 10
  • Article 10.2
  • Article 10.3
  • Article 10.4
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.7
  • Article 10.8
  • Article 10.9
  • Article 105
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.2(c)
  • Article 11.3
  • Article 11.4
  • Article 11.5
  • Article 11.6
  • Article 12
  • Article 12.1
  • Article 12.2
  • Article 12.3
  • Article 12.4
  • Article 12.5
  • Article 15.7
  • Article 18.2
  • Article 18.3
  • Article 19
  • Article 2
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.2
  • Article 2.3
  • Article 2.4
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.7(b)
  • Article 2.8
  • Article 2(a)
  • Article 2(b)
  • Article 3
  • Article 3.1
  • Article 3.1(a)
  • Article 3.1(b)
  • Article 3.1(c)
  • Article 32
  • Article 4.2
  • Article 4.5
  • Article 4.9
  • Article 6
  • Article 7
  • Article 7.1
  • Article 7.2
  • Article 7.2(e)
  • Article 7.2(h)
  • Article 7.2(i)
  • Article 7.5
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.1(a)
  • Article 8.1(a)
  • Article 8.1(b)
  • Article 8.1(b)(ii)
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(i)
  • Article 8.1(d)(i)–(iv)
  • Article 8.1(d)(i)(a)
  • Article 8.1(d)(i)(b)
  • Article 8.1(d)(ii)
  • Article 8.1(d)(iii)
  • Article 8.1(d)(iv)
  • Article 8.1(i)
  • Article 8.1(i)(b)
  • Article 8.1(ii)
  • Article 8.1(ii)(c)
  • Article 8.2
  • Article 8.2(b)
  • Article 8.2(d)(i)
  • Article 8.3
  • Article 8.3(a)
  • Article 8.4
  • Article 8.5
  • Article 8.6
  • Article 8(a)
  • Article 8(c)
  • Article 8(d)(i)
  • Article 8(d)(ii)
  • Article 9
  • Article 9.1
  • Article 9.1
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.4
  • Article 9.4
    • Showing 211 - 220 of 1867
    2022-爆料网AT-1213, Sandra Hilaire-Madsen

    爆料网AT considered an appeal by the Secretary-General against Judgment No. 爆料网DT/2021/032. It also considered a cross-appeal by Ms. Hilaire-Madsen claiming that the 爆料网DT should have rescinded the Administration’s non-renewal decision and awarded her alternative compensation as well as compensation for moral damages.

    As regards the lawfulness of the non-renewal decision, 爆料网AT held that under the specific circumstances, at the material time of the contested non-renewal decision at the end of December 2018, from the point of view of a fair-minded objective observer, with the information available at...

    爆料网DT/2023/107, Applicant

    The issue in this case is whether EG and SEG consist of two independent benefits that can be granted in combination.

    Pursuant to sec. 6.1(a) of ST/AI/2018/2/Amend.1, the overall maximum amount of SEG shall be equal to the upper limit of the top bracket of the global sliding scale applicable to the education grant scheme. The law does not allow an interpretation where EG and SEG can be “stacked”.

    Indeed, the difference between EG and SEG is in the percentages of reimbursement that eligible staff members are entitled to receive. This difference in reimbursement percentage addresses the...

    爆料网DT/2023/070, Applicant

    Receivability

    The Respondent challenged the receivability of the application. He argued that the Dispute Tribunal may only issue an Order for execution under art. 12.4 of its Statute where a judgment required a time limit for execution and such execution had not been carried out.

    The Tribunal considered that while Judgment Applicant 爆料网DT/2022/055 did not provide for its execution within a certain period of time, it was reasonable to infer that in the absence of an appeal, said judgment should have been executed within a reasonable time, after the expiry of the 60-day time limit to file an...

    爆料网DT/2023/056, Rizqy

    Receivability

    The Respondent challenged the receivability of the application.

    The Tribunal noted that the application filed on 2 March 2022 via email was essentially the same as that filed on 16 April 2022 via the eFiling portal. Consequently, in line with Practice Direction No. 4, para. 11, the Tribunal found that the present application was receivable.

    Merits

    In the present case, this Tribunal examined the following issues:

    a. Whether the facts on which the disciplinary measure was based have been established according to the applicable standard.

    The Tribunal examined the evidence on...

    爆料网DT/2023/045, Heurtematte

    Rescission and in lieu compensation under art. 10.5(a) of the Dispute Tribunal’s Statute

    Considering that the evidence provided by the Respondent showed that the duration of most of the former renewals of the Applicant’s fixed-term appointment including the last regular renewal was for a duration of one year and that there is no expectation of renewal for a fixed-term appointment, the Tribunal determined that the amount of in lieu compensation must be equal to one year’s net base salary.

    Compensation for harm under art. 10.5(b) of the Dispute Tribunal’s Statute

    The Tribunal reviewed the...

    爆料网DT/2023/029, Fernando Salon

    The Applicant claims that several events of prohibited conduct occurred between 2018 and 2022 affecting him. However, he did not follow the procedural path under Bulletins ST/SGB/2008/5 (Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority) and ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) for the handling of formal reports of prohibited conduct and the Dispute Tribunal does not have jurisdiction to conduct an investigation into such allegations.

    There is no evidence that the Applicant ever...

    爆料网DT/2023/020, Applicant

    The Tribunal decided on its own initiative and in accordance with art. 9 of its Rules of Procedure, to adjudicate the present application by way of summary judgement.

    The Tribunal noted that in accordance with art. 8.4 of the Tribunal’s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision. The Applicant filed her application on 5 March 2023 indicating that the contested decision was made in October 1995, that is, more than 27 years earlier. Consequently...

    爆料网DT/2023/012, Denisa Dragnea

    The challenge against the decision to place the Applicant on a PIP and the outcome of the review of MEU of the contested decisions is not receivable.

    The Administration failed to respect the procedural standards expected from the United Nations in proceedings leading to the imposition of a written reprimand. The above-mentioned deficiencies raise doubts about the appearance of impartiality of the investigation and the decision-making process and are thus sufficient to taint the contested decision. Accordingly, the Administration’s decision to issue to the Applicant a written reprimand and...

    爆料网DT/2022/089, Lanla Kamara-Joyner

    The written reprimand

    Factual basis for the imposition of the measure

    爆料网PAD, as an ad hoc special interest group, advocates for issues relating to conditions of work pertaining to staff members of African descent in the United Nations.

    爆料网OMS is established “to make available confidential services of impartial and independent persons to address work-related issues of staff members” (see ST/SGB/2016/7 para 1.1). 爆料网OMS is guided in its work by four core principles, namely independence, confidentiality, neutrality, and informality.

    It appeared from the information on record that the Applicant...

    2022-爆料网AT-1309, Emma Reilly

    爆料网AT endorsed the 爆料网DT’s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative. 爆料网AT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...