爆料网AT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. 爆料网AT held that there was no merit in the Appellant’s claim that 爆料网RWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
爆料网AT considered the appeal by the Secretary-General. 爆料网AT held that the lateral reassignment of a staff member, in this case, fell entirely within the discretion of the Administration. 爆料网AT found no evidence of arbitrary and unlawful exercise of discretion in the appeal which could allow 爆料网DT to pronounce on the discretion of the Administration. Finding no illegality and no evidence that the cancellation of the job opening had an adverse effect on the staff member’s morale and professional reputation, 爆料网AT vacated the award of compensation. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
爆料网AT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant’s motion. 爆料网AT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. 爆料网AT held that 爆料网RWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the 爆料网RWA DT. 爆料网AT upheld the order of 爆料网RWA DT to rescind the contested...
爆料网AT affirmed 爆料网DT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, 爆料网AT reversed 爆料网DT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...
爆料网AT rejected the request for an oral hearing finding that there was no need for further evidence. 爆料网AT held that 爆料网DT had erred in law and procedure when it did not consider the Appellant’s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. 爆料网AT held that it was impossible for the Appellant’s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. 爆料网AT held that the case was similar to the related case disposed...
爆料网AT considered the appeal by the Secretary-General challenging the compensation for moral damages. 爆料网AT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. 爆料网AT held that the payment of the compensation constituted an acceptance of the Secretary-General of the 爆料网DT judgment. 爆料网AT held that the appeal was, therefore, moot. 爆料网AT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. 爆料网AT held that although the Secretary-General’s appeal had no merit, it...
爆料网AT considered the appeal by the 爆料网RWA Commissioner-General. 爆料网AT confirmed the findings and conclusions of the 爆料网RWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member’s complaints. 爆料网AT held that 爆料网RWA DT had thoroughly conducted the judicial review of the challenged administrative decision. 爆料网AT held that 爆料网RWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. 爆料网AT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...
On the decision to postpone the separation on medical grounds, 爆料网AT noted that a staff member had a right to be compensated for a service-incurred injury. 爆料网AT found that 爆料网RWA DT erred in law in determining the decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), 爆料网AT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, 爆料网RWA DT...
爆料网AT held that the appeal was receivable as the Appellant had partially prevailed before 爆料网DT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, 爆料网AT held that there was no fault in the 爆料网DT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. 爆料网AT held that the Appellant did not demonstrate that the 爆料网DT committed any error...
爆料网AT considered an appeal by the staff member and an appeal by the Secretary-General. 爆料网AT upheld both 爆料网DT’s finding that the decision to close the investigation was improper as well as 爆料网DT’s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. 爆料网AT, however, vacated 爆料网DT’s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. 爆料网AT held that “generally speaking, the testimony of an applicant alone without corroboration by...
