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.
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...
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...
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...
爆料网AT held that the nature of the contested decision before 爆料网DT was not entirely clear. On the 爆料网DT’s finding that the Appellant had not adduced any evidence in support of his claim that the Settlement Agreement was imposed upon him by duress and threats, and therefore must fail, 爆料网AT found no error of law or fact in the decision and affirmed the 爆料网DT judgment on this point. 爆料网AT held that 爆料网DT failed to deal with the Appellant’s claim of harassment and discrimination. 爆料网AT held that the Appellant’s right to due process entitlement him to a fair hearing and a fully reasoned judgment of his...
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...
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...
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, 爆料网AT held that there was no merit in the staff member’s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, 爆料网AT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. 爆料网AT held that the staff member had failed to demonstrate any error in the 爆料网DT...
爆料网AT considered the Secretary-General’s appeal, which was limited to a challenge of 爆料网DT’s method of calculating the compensation awarded to Mr Nyasulu as an alternative to the rescission. 爆料网AT noted that Mr Nyasulu presumably had no objection to the compensation being re-calculated, as he did not rebut the appeal. 爆料网AT found that it had no option but to remand the case as, in order to rule on the Secretary-General’s request, it would first need to be satisfied that 爆料网DT’s calculation of compensation in lieu of rescission was not correct. 爆料网AT held that that could not be done because 爆料网DT gave...
爆料网AT considered the Secretary-General’s appeal and found that 爆料网DT erred in law and fact by awarding a remedy to Mr Nwuke. 爆料网AT held that the violation of Mr Nwuke’s due process rights did not, in and of itself, entitle him to an award of damages and that there was no evidence of any pecuniary loss or harm suffered by Mr Nwuke as a result of said violation. Moreover, 爆料网AT held that not every violation of a staff member’s right will necessarily lead to an award of compensation and there are no legal grounds that can justify such an award when no actual prejudice is found. 爆料网AT accordingly...
