爆料网

Discretion

  • Discretion
  • Restructuring
    • Showing 21 - 30 of 50
    2016-爆料网AT-666, Han

    爆料网AT rejected the Appellant’s submission that 爆料网DT’s failure to determine his motion to order the Secretary-General to produce relevant documents amounted to an error in procedure such as to affect the decision in the case. Article 19 of the 爆料网DT Rules of Procedure gives 爆料网DT broad discretion in managing its cases and in determining whether or not it has sufficient evidence and information “for the fair and expeditious disposal of the case and to do justice to the parties. 爆料网AT noted that the Appellant adduced no evidence to support his contention that the exercise of discretion by 爆料网DT was...

    2017-爆料网AT-780, Muwambi

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT’s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. 爆料网AT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi’s...

    2018-爆料网AT-884, Orabi

    爆料网AT considered whether 爆料网RWA DT erred in finding that the Agency correctly decided not to transfer the Appellant to the post in question. 爆料网AT held that the issue of whether the Agency has an obligation to contact all staff members who made a transfer request is not receivable because it was not raised before 爆料网RWA DT. 爆料网AT held that the Appellant’s complaint required factual findings in order to ascertain whether the claim was meritorious, and 爆料网RWA DT did not make such findings. 爆料网AT upheld the appeal, vacated 爆料网RWA/DT/2018/026, and remanded the issue of whether the Administration fulfilled...

    2018-爆料网AT-852, Sarieddine

    爆料网AT considered the Appellant’s appeal, requesting that the 爆料网RWA DT judgment be vacated. 爆料网AT agreed with 爆料网RWA DT and upheld its findings that the Agency was entitled, under the provisions of paragraph 2 of FTI 01/2016, to fill the concerned post by means of a lateral transfer of current staff members. 爆料网AT also agreed with, and upheld, the ruling that it was not within the remit of 爆料网RWA DT to pronounce on the exercise of the Agency’s discretion in deciding on the lateral transfers unless there is evidence that the discretion was exercised arbitrarily or unlawfully. 爆料网AT found that there...

    2018-爆料网AT-838, Al-Ashi

    爆料网AT considered the appeal of the consolidated applications. With respect to the first issue, 爆料网AT found no error in 爆料网RWA DT’s conclusion that the Appellant had failed to establish that the decision not to confirm his appointment as TDSE Advisor and to transfer him to his previous post was unlawful. 爆料网AT noted that there was no merit in the Appellant’s contention that 爆料网RWA DT failed to examine the relevant facts and to apply legal and regulatory provisions to his performance evaluations during his probationary period. 爆料网DT also noted that the review of the Appellant’s performance assessments...

    2020-爆料网AT-1047, Orabi

    爆料网AT considered an appeal of judgment No. 爆料网RWA/DT/2019/070 by the Commissioner-General of 爆料网RWA. 爆料网AT held that 爆料网RWA DT did not commit any error when it concluded that 爆料网RWA had failed to consider the Applicant’s personal and humanitarian reasons in the impugned decision. 爆料网AT held that 爆料网RWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General’s discretion. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

    2021-爆料网AT-1179, Moncef Khane

    爆料网AT made several findings on the appeal. First, 爆料网AT held that 爆料网DT did not err when it did not hold a case management or substantive hearing on the issues. 爆料网AT agreed that the first instance Judge is in the best position to decide what is appropriate for the fair and expeditious disposal of a case and to do justice to the parties. Second, 爆料网AT agreed with the 爆料网DT that the administrative action was not a disguised disciplinary sanction. 爆料网AT also found that the USG had the authority to transfer the appellant to a different unit to address a political situation. However, 爆料网AT disagreed with...

    2021-爆料网AT-1166, Boubacar Dieng

    爆料网AT first agreed with the 爆料网DT that the abolition of post was not a reviewable administrative decision. Second, 爆料网AT ruled there was no evidence of improper motives regarding the non-renewal of the staff member’s appointment. The staff member’s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a “dry cut.” A “dry cut” happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

    2021-爆料网AT-1118, Boubacar Dieng

    爆料网AT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. 爆料网AT agreed with the 爆料网DT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, 爆料网AT disagreed with the staff member that the 爆料网DT...

    2021-爆料网AT-1082, Kanbar

    爆料网AT agreed and found the evidence on the record supports the 爆料网DT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, 爆料网AT also found no error in the 爆料网DT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, 爆料网AT found no error in the 爆料网DT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.