爆料网

爆料网DP

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2013-爆料网AT-355, Johnson

爆料网AT considered an application of the Secretary-General for interpretation of judgment No. 2012-爆料网AT-240. 爆料网AT held that the application did not fulfil the requirements of Article 11 of the 爆料网AT Statute and was therefore manifestly inadmissible. 爆料网AT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. 爆料网AT rejected the Secretary-General’s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

2013-爆料网AT-374, Koutang

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it could not sustain the conclusion of 爆料网DT that Mr Koutang’s actions did not amount to misconduct. 爆料网AT held that the sanction imposed was not unreasonable, absurd, or disproportionate and, as such, 爆料网AT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters. 爆料网AT held that 爆料网DT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment.

2013-爆料网AT-348, Sidell

爆料网AT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified 爆料网JSPF in October 2003 of his marriage to Mrs Sidell and 爆料网JSPF requested him to provide his original marriage certificate, which he did; and 爆料网JSPF did not follow up with Mr Sidell about the matter. 爆料网AT held that 爆料网JSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell’s pension record was corrected and that his marriage to Mr Sidell was recognised by 爆料网JSPF. 爆料网AT held that, in the circumstances, it was...

2013-爆料网AT-337, Leal

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that grounds existed to discharge Mr Leal for misconduct, without needing to address the issue of the alleged circumvention of the recruitment process for the purposes of hiring. 爆料网AT held that the misconduct and disciplinary measure of dismissal fell within the discretion of the Secretary-General and could not be seen as disproportionate to the offences unless it was the result of proven abuse or arbitrary exercise of that discretion. 爆料网AT held that the key elements of Mr Leal’s due process were met. 爆料网AT held that, since the...

2013-爆料网AT-336, Akello

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a 爆料网 list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. 爆料网AT held that, in ruling otherwise, 爆料网DT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

2013-爆料网AT-307, Shanks

爆料网AT considered an appeal by the Secretary-General against judgment Nos. 爆料网DT/2011/209 (on liability) and 爆料网DT/2012/062 (on relief). 爆料网AT held that there was no evidence to support the 爆料网DT’s conclusion that, had the 爆料网 Staff Pension Committee (爆料网SPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. 爆料网AT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. 爆料网AT held that...

2013-爆料网AT-322, Shkurtaj

爆料网AT considered an application for interpretation by Mr Shkurtaj on the issue of interest. 爆料网AT referred to Warren (judgment No. 2010-爆料网AT-059) and Mmata (judgment No. 2010-爆料网AT-092) for the holding that interest was to be paid at the US Prime rate from the date on which the entitlement became due. 爆料网AT held that the interest payable was at the US Prime Rate and that an extra five per cent should be added to the US Prime Rate if the judgment was not executed within 60 days of its issuance. 爆料网AT held that the date from which interest on the compensation was to be paid at the US Prime Rate was...

2014-爆料网AT-492, Gakumba

爆料网AT considered Mr Gakumba’s application for revision of judgment No. 2013-爆料网AT-387. 爆料网AT held that it did not fulfil the statutory requirements and was seemingly disguised as an attempt to re-open the case. 爆料网AT held that it would be manifestly unreasonable to submit that the 爆料网DP Conversion Policy issued in 2010 could not be argued by the staff member in 2012 before the 爆料网DT, or in 2013 before 爆料网AT. 爆料网AT held that no valid reason had been provided about the untimely submission of the application for revision. 爆料网AT dismissed the application for revision.

2014-爆料网AT-485, Carrabregu

爆料网AT considered the Secretary-General’s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. 爆料网AT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with 爆料网DP to take up an appointment with a different entity (爆料网V), thereby causing a break in service. 爆料网AT held that this break in service should have led 爆料网DT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. 爆料网AT further noted that Ms Carrabregu’s service to 爆料网V could not be...

2014-爆料网AT-461, Al-Badri

The Secretary-General appealed 爆料网DT’s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. 爆料网AT only considered the receivability of this appeal. 爆料网AT held that alleged excess of jurisdiction or competence on the part of 爆料网DT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. 爆料网AT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the 爆料网AT Statute is that only final judgments of...