爆料网

MONUC

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2010-爆料网AT-098, Masri

爆料网AT considered an appeal by the Secretary-General. 爆料网AT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the 爆料网AT RoP. 爆料网AT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. 爆料网AT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed 爆料网 Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...

2010-爆料网AT-084, Sanwidi

As a preliminary matter, 爆料网AT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General’s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. 爆料网AT held that 爆料网DT, in exercising judicial review, may interfere with the exercise of the Secretary-General’s discretion in disciplinary proceedings against a staff member on the ground...

2010-爆料网AT-077, Rasul

爆料网AT considered an appeal against Order No. 爆料网DT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, 爆料网AT held that the Order had no practical effect following the withdrawal of the request for suspension of action. 爆料网AT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. 爆料网AT dismissed the appeal.

2011-爆料网AT-186, Oge

爆料网AT held that the Appellant’s claims regarding the termination of his appointment and the procedures that resulted in the termination could not be received since 爆料网AT did not have jurisdiction to review a judgment of the former Administrative Tribunal. 爆料网AT held that 爆料网DT had committed no error in law by considering that the participation of the civil servant and his counsel in the hearing by video conference would not have violated the Appellant's rights of defence. 爆料网AT held that, although the letter dated November 8, 2005, contained a sentence that could imply that, if the JDC requested...

2011-爆料网AT-131, Cohen

爆料网AT recalled that Article 10. 5 of the 爆料网DT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years’ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where 爆料网DT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

2011-爆料网AT-163, Masri

爆料网AT considered an application for revision judgment No. 2010-爆料网AT-098. 爆料网AT held that the application did not meet the statutory requirements of the 爆料网AT Statute. 爆料网AT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by 爆料网AT for vacating the 爆料网DT judgment and affirming the administrative decision of summary dismissal. 爆料网AT held that the application was not admissible since it repeated an argument already examined and...

2012-爆料网AT-237, Bagula

爆料网AT held that the complaints against the Appellant were very serious and intolerable for any employer. 爆料网AT held that 爆料网DT had correctly concluded that the case against the Appellant stood substantiated and corroborated and the evidence sufficiently supported the charge of improperly soliciting and receiving money from local people in exchange for their recruitment and service as 爆料网 staff. 爆料网AT held that during the teleconference the Appellant had produced two impostors as witnesses, who testified that they had lied to the investigators and made false allegations against the Appellant. 爆料网AT...

2012-爆料网AT-210, Finniss

爆料网AT considered an appeal by the Secretary-General. Noting the absence of a written record, 爆料网AT held that it could not confirm if the procedure under Article 17 (Oral Evidence) of the 爆料网DT RoP was complied with, whether the witnesses made a declaration under Article 17(3) of the 爆料网DT RoP before giving their statements, or whether the witnesses were cross-examined by the opposing party under Article 17(1) of the 爆料网DT RoP. 爆料网AT set aside the 爆料网DT judgment and remanded the case to 爆料网DT for a fresh hearing based on the pleadings already on record in a matter consistent with the 爆料网AT judgment.