爆料网

爆料网AMI

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2017-爆料网AT-735, Awe

爆料网AT considered an application for revision of judgment No. 2016-爆料网AT-667. Noting that there was no provision under its Rules of Procedure allowing for the submission of additional pleadings after the submission of comments to an application for revision of judgment and that no exceptional circumstances existed, 爆料网AT dismissed Mr Awe’s motion to file additional comments. 爆料网AT considered Mr Awe’s claim to have discovered new facts in the form of a report of the fact-finding panel which considered his complaints of abuse of authority and harassment which allegedly showed, in sum, the improper...

2017-爆料网AT-720, Haroun

爆料网AT considered an appeal by the Secretary-General limited to contesting the award by 爆料网DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 爆料网AT held that 爆料网DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 爆料网AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

2018-爆料网AT-845, Awe

爆料网AT considered the staff member’s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former 爆料网AT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. 爆料网AT noted that paragraph 2 of the judgment merely quoted the facts “as found by the Dispute Tribunal”, with a footnote reference to the paragraphs quoted from the 爆料网DT judgment. 爆料网AT further noted that the Secretary-General...

2019-爆料网AT-915, Yasin

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. 爆料网AT held that 爆料网DT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that 爆料网DT’s conclusion was consistent with the evidence. 爆料网AT held that the 爆料网DT’s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. 爆料网AT held that the facts underpinning the administrative decision to issue the staff member a...

2019-爆料网AT-909, Haroun

Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, 爆料网AT held that there was a substantial variation or a striking disparity between the award made by 爆料网DT and the award that 爆料网AT considered ought to have been made. 爆料网AT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. 爆料网AT held that 爆料网DT did not err in law or fact in denying moral damages, as there was no corroborating...

2021-爆料网AT-1181, Hossain

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. 爆料网AT held that a number of the factual findings made by 爆料网DT were not supported by the evidence and were unreasonable. 爆料网AT held that the 爆料网DT should have limited itself to determining whether the Secretary-General was within his authority to impose disciplinary measures on Mr. Hossain, and that by speculating on the misconduct of another individual, the 爆料网DT exceeded its competence. 爆料网AT held...

2021-爆料网AT-1087, Ories

Regarding Contested Decision #1, 爆料网AT agreed with 爆料网DT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, 爆料网AT also agreed with 爆料网DT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, 爆料网AT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, 爆料网AT observed that there was no evidence that the staff member ought to have been appointed to the post in...

爆料网DT/2009/008, Osman

爆料网DT noted that it was established that 爆料网AMI decided not to renew the Applicant’s appointment on the grounds of poor performance, while the appraisal performance procedure for the concerned staff member, at least for 2008/2009, had not been regularly completed. 爆料网DT found that, in light of the case file, the decision under review appeared as prima facie illegal. 爆料网DT found that the urgency for the Judge to rule on the Applicant’s request was established since the implementation of the contested decision would result in the Applicant being excluded from the 爆料网 staff as of 18 August 2009. 爆料网DT...

爆料网DT/2010/028, Shakir

In accordance with former staff rule 111.2 (a) (i), the Applicant had only one month as of the receipt of the Secretary-General’s reply to submit an appeal to the JAB. The Tribunal noted that the Applicant received the reply to her request for review on 31 January 2008 and that the JAB received her appeal only on 31 March 2008. Hence, the Tribunal considered that the Applicant’s appeal was late. The Tribunal examined the record of facts and concluded that no exceptional circumstances existed, which may justify a waiver of the time limits for the submission of the statement of appeal to the JAB...