爆料网

Discretion

  • Discretion
  • Restructuring
    • Showing 11 - 20 of 50
    2012-爆料网AT-266, Rees

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT affirmed 爆料网DT’s finding of the unlawfulness of reassignment decision. 爆料网AT recalled that reassignment is proper if the new post is at the staff member’s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member’s competencies and skills; and if he or she has substantial professional experience in the field. 爆料网AT held that, in Ms Rees’ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. 爆料网AT held...

    2012-爆料网AT-248, Iskandar

    爆料网AT held that the Appellant had accepted the conditions of the RLA, which stated that “the loaned employee shall return to the releasing agency upon completion or termination of his assignment with 爆料网AMID and that no offer of continuing employment shall be made to him by 爆料网AMID without consulting the releasing agency”. 爆料网AT held that the Appellant had had a valid employment contract with WFP, and he did not fulfil the conditions for termination under that same agreement. 爆料网AT noted that the Appellant did not formally initiate the transfer procedure and/or termination. 爆料网AT held that 爆料网DT had...

    2012-爆料网AT-236, Gehr

    爆料网AT rejected Mr Gehr’s contention that the restructuring, although a legitimate exercise of managerial discretion, had been carried out arbitrarily to marginalize him. In accordance with paragraph 2. 4 of ST/AI/2006/3, the Joint Inspection Unit (JIU), in its report, advised the Executive Director to conduct a functional review of all 爆料网ODC divisions, sections and units, and align them to the reconfirmed prioritized framework for action of the Office, including by reorienting human and financial resources if necessary. The JIU further recommended that the Executive Director take measures to...

    2012-爆料网AT-226, Al-Mulla

    爆料网AT noted that heads of departments/offices retain the authority to transfer staff members within their departments or offices to vacant posts at the same level. 爆料网AT held that the Appellant did not demonstrate that 爆料网DT erred in finding that his reassignment was not contingent on the signature of the Host Country Agreement or that the failure to create an L-5 position breached the Host Country Agreement. 爆料网AT held that the Appellant merely voiced his agreement with 爆料网DT’s conclusions and resubmitted the arguments made before 爆料网DT; he did not meet the burden of demonstrating how 爆料网DT erred in...

    2013-爆料网AT-329, Perez-Soto

    Noting the broad discretion of 爆料网DT with respect to case management, 爆料网AT held that there was no merit in the contention that 爆料网DT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant’s submission that 爆料网DT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his “evaluative past, including the issue of his performance appraisal”, 爆料网AT noted that these matters had been...

    2014-爆料网AT-482, Abdullah

    As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, 爆料网AT found no merit in the Appellant’s arguments. 爆料网AT was not persuaded that the Appellant suffered prejudice by 爆料网RWA DT admitting the Commissioner-General’s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, 爆料网AT found that 爆料网RWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

    2014-爆料网AT-459, Hamayel

    爆料网AT considered the Commissioner-General’s appeal, which alleged that 爆料网RWA DT erred in finding that the 爆料网RWA Administration’s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. 爆料网AT found that it was both logical and reasonable to expect the 爆料网RWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. 爆料网AT noted that, even though Mr Hamayel had...

    2014-爆料网AT-431, Mousa

    爆料网AT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the 爆料网RWA DT judgment under appeal. 爆料网AT held that 爆料网RWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. 爆料网AT held that 爆料网RWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

    2015-爆料网AT-506, Nwuke

    爆料网AT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. 爆料网AT held that ST/AI/2003/8 was inapplicable. 爆料网AT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. 爆料网AT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. 爆料网AT held that the impugned decision complied with the legal...

    2016-爆料网AT-667, Awe

    爆料网AT denied the Appellant’s motion for additional pleadings because he did not demonstrate the existence of exceptional circumstances. 爆料网AT also found no fault with 爆料网DT’s holding that the decision to relocate the Appellant was lawful. 爆料网AT noted that an accepted method for determining whether the reassignment of a staff member to another position was proper is to assess whether the new post was at the staff member’s grade; whether the responsibilities involved corresponded to his or her level; whether the functions to be performed were commensurate with the staff member’s competence and...