爆料网AT noted that the staff members had accepted the lump-sum calculated by the ICTY travel unit while reiterating their disagreement with the calculation. 爆料网AT held that 爆料网DT erred in finding that by accepting a lump-sum payment for home leave travel, the staff members forfeited any right to contest the calculation of the amount of the lump sum payment. 爆料网AT remanded the case to 爆料网DT for consideration on the merits.
爆料网AT held that 爆料网DT’s interpretation process, which led to the dismissal of the claim, was neither unreasonable nor unfair. 爆料网AT noted that the affirmation that only the purchasing power element of comparison would allow an equal pay and treatment of staff members constituted only a postulation of a certain parameter among many possible options, without real support except in terms of policy selection because other criteria could also allow that kind of equal treatment, provided that they are applied in a general and non-discriminating way. 爆料网AT noted that the comparator element adopted in the...
爆料网AT held that the Appellant’s application was submitted to 爆料网DT after the expiration of the response period; the response period began on the date on which she received a letter from the Management Evaluation Unit informing her that her request for a management evaluation was not receivable because, as a judge, she was not a staff member or a former staff member within the meaning of the Staff Rules. 爆料网AT held that the Appellant’s claims that the 爆料网DT judge erred on a question of fact, by considering the letter as the decision that concluded the management evaluation, and that it erred on a...
爆料网AT considered appeals from both Mr Schoone and the Secretary-General. 爆料网AT held that, for the reasons set forth in judgment Nos. 2013-爆料网AT-357 (Malmstrom et al. ), 2013-爆料网AT-358 (Longone) and 2013-爆料网AT-359 (Ademagic et al. ), the delegation of authority granted to the ICTY Registrar could not be construed so as to grant him the authority to convert staff members’ fixed-term appointments into permanent appointments. 爆料网AT recalled that in those three cases it had held that the decision-making authority to grant permanent appointments was properly vested in the Assistant Secretary-General for...
爆料网AT considered an appeal of judgment No. 爆料网DT/2012/131. 爆料网AT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. 爆料网DT/2012/131, as well as the staff members who appealed judgment No. 爆料网DT/2012/129 and judgment No. 爆料网DT/2012/130. 爆料网AT held that, since it had rescinded the 爆料网DT judgment against which the staff members appealed, the majority of their claims were rendered moot. 爆料网AT held that it's reasoning in Malmstr?m et al....
爆料网AT considered an appeal by the Secretary-General. 爆料网AT considered it both reasonable and practical to provide for two different dates from which the time limit commenced to run. When the management evaluation is received within the deadline of 45 days, an application must be filed with the 爆料网DT within 90 calendar days of an applicant’s receipt of the management evaluation response. However, when the management evaluation is received after the deadline of 45 calendar days but before the expiration of 90 days for applying to 爆料网DT, the receipt of the management evaluation will result in setting...
爆料网AT considered an appeal by the Secretary-General and an appeal Ademagic et al. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...
爆料网AT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...
爆料网AT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. 爆料网AT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, 爆料网AT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no nexus between the emotional distress of preparing for the exam and the impugned decision as the preparation took place prior to the decision. 爆料网AT held that 爆料网DT’s finding that the contradictory information received by Ms Mirkovic and the lack of responses from the Chief of the Examinations and Tests Section added to her stress and injury was not supported by the facts, noting that written confirmation of what the Chief had told her was not required in order for her to request management evaluation. 爆料网AT held that...
