爆料网

OIOS

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2012-爆料网AT-221, Simmons

爆料网AT considered Ms Simmons’ appeal and the Secretary-General’s cross-appeal. With respect to Ms Simmons’ claim that 爆料网DT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, 爆料网AT found that 爆料网DT placed undue weight on Ms Simmons’ omissions and/or actions. 爆料网AT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons’ claim that she did not receive full and fair consideration regarding Post 1, 爆料网AT held that 爆料网DT did not...

2013-爆料网AT-347, Appleton

爆料网AT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. 爆料网AT held by majority that 爆料网DT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. 爆料网AT held that it was entirely appropriate for 爆料网DT to approach the issue of compensation under Article 10(5) of the 爆料网DT Statute by engaging in a consideration of Mr Appleton’s likely prospects of success. 爆料网AT held that 爆料网DT correctly found that Mr Appleton’s appointment to the post was not a foregone conclusion and thus he had no...

2013-爆料网AT-342, Manco

爆料网AT considered two appeals by the Secretary-General of judgment Nos. 爆料网DT/2012/104 and 爆料网DT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, 爆料网AT affirmed the 爆料网DT judgment on receivability. On the merits, 爆料网AT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...

2014-爆料网AT-397, Finniss

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. 爆料网AT held that the test for apparent bias applied by 爆料网DT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. 爆料网AT held that 爆料网DT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

2015-爆料网AT-552, Gallo

爆料网AT held that it could discern no error in 爆料网DT’s computation of the applicable time limits. 爆料网AT considered that the 爆料网DT decision that it had no jurisdiction to consider the merits of the Appellant’s claim was reasonable and there were no grounds for overturning it. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2015-爆料网AT-509, Nguyen-Kropp & Postica

爆料网AT considered two appeals by the Secretary-General against three judgments (judgment Nos. 爆料网DT/2013/028, 爆料网DT/2013/029 and 爆料网DT/2013/076). 爆料网AT held that, generally speaking, appeals against a decision to initiate an investigation are not receivable as such a decision is preliminary in nature and does not, at that stage, affect the legal rights of the staff member. 爆料网AT held that initiating an investigation is merely a step in the investigative process and it is not an administrative decision that 爆料网DT is competent to review. 爆料网AT held that 爆料网DT erred on a question of law and exceeded its...

2016-爆料网AT-706, Gallo

爆料网AT held that there was no provision in the Staff Regulations or Rules stating that the Secretary-General’s discretionary authority to issue a written reprimand as a non-disciplinary measure pursuant to Staff Rule 10.2(b) (i) was predicated upon and limited to the existence of an ongoing employment contract. 爆料网AT found that to hold otherwise would render baseless those standards of conduct that survive active service. In addition, 爆料网AT held that, from a practical perspective, it would stymie the Secretary-General’s ability and discretionary authority to properly manage investigations and...

2016-爆料网AT-676, Wilson

爆料网AT considered the Secretary-General’s appeal, specifically the question of whether Mr Wilson’s circumstances were sufficient to vitiate the Assistant Secretary-General of OHRM’s decision. 爆料网AT recalled the criteria set out in Sanwidi, 2010-爆料网AT-084 (para. 42), according to which it can interfere with an administrative decision. 爆料网AT found that there was no basis for 爆料网DT to conclude that “no proper consideration was given to [Mr. Wilson’s] individual circumstances and attributes that may have warranted a legitimate exception in this case. ” 爆料网AT found that there was sufficient basis set out...

2016-爆料网AT-673, Nquyen-Kropp & Postica

爆料网AT first considered the receivability of the appeal and held that it was receivable, pursuant to Article 2(1) of the 爆料网AT Statute. 爆料网AT further held that the Ethics Office is limited to making recommendations, which are not administrative decisions subject to judicial review, to the Administration. 爆料网AT held that 爆料网DT made no error in dismissing the applications on the ground that the Ethics Office matters were not administrative decisions subject to judicial review. 爆料网AT acknowledged that the Ethics Office failed in its duty to make a recommendation pursuant to Section 5.7 of ST/SGB/2005/21...