爆料网

爆料网DP

Showing 121 - 130 of 237
爆料网DT/2011/093, Deng Deng

The Tribunal held that the Organization has a discretionary power to organize its work and offices. However, it reiterated the general principle that such a power is not absolute; the Organization has the authority to reorganize an office and terminate a staff member’s contract so long as that the decision is not tainted by extraneous factors or improper motives. Based on the facts and evidence adduced by the parties, the Tribunal found that the decision to phase out the programme for which the Applicant had been recruited had been made on the basis of an evaluation made by external...

爆料网DT/2011/068, Garcia

Submissions on new issues after the trial, re-opening of litigation: Parties will not be permitted to re-open substantive litigation after the Tribunal has already rendered its judgment on liability and is dealing solely with the issue of compensation.The Tribunal will take into account the staff member’s earnings during the relevant period of time for the purpose of calculating compensation.Interest for lost salary: Lost salary should be subject to interest on the basis that it would have been paid in separate monthly installments, with interest on each installment calculated in accordance...

爆料网DT/2011/061, Yisma

It was common cause that the Applicant had committed misconduct by submitting falsified information to an outside public entity (New York City Housing Development Corporation), including a forged letter from another United Nations staff member, in order to qualify for a subsidized apartment. The only legal issue before the Tribunal was whether the disciplinary measure imposed on the Applicant was proportionate to the established misconduct. The Tribunal found that the Applicant’s actions amounted to serious misconduct and that it was reasonable for the Respondent to conclude that the...

爆料网DT/2011/059, Pirnea

The Tribunal found that there could not be an absolute and general rule that the failure to give reasons amounts to an unlawful exercise of the discretion not to renew. Nor should there be a rule that reasons should never be given. Having found that the decision was not prima facie illegal, the requirements provided for in Article 13 of the Rules of Procedure to grant suspension of action were not met.Outcome: the application was dismissed.

爆料网DT/2011/055, Mialeshka

爆料网DT noted that when the facts at issue occurred, the Applicant was neither a staff member, nor a former staff member within the meaning of Article 3.1 of the 爆料网DT Statute. 爆料网DT accordingly held that the Applicant was not a person having access to 爆料网DT and that it had to declare itself not competent to consider the application. 爆料网DT rejected the application.

爆料网DT/2011/045, Rosenberg

The issues before the Tribunal were whether the Applicant had a legal expectancy of renewal; whether the abolition of the Applicant’s post was a valid exercise of the Organization’s discretion; and whether the Applicant was fully and fairly considered for the newly created posts following a restructuring within the Organization. Outcome: The application failed and was dismissed.