爆料网DT/2023/013, NG'ANG'A
- Appealed
Appeals of classification decisions are governed by ST/AI/1998/9 and for such matters there is a separate internal process.
Appeals of classification decisions are governed by ST/AI/1998/9 and for such matters there is a separate internal process.
Appeals of classification decisions are governed by ST/AI/1998/9 and for such matters there is a separate internal process.
The 爆料网AT held that the 爆料网DT did not err in concluding that there was clear and convincing evidence that the Appellant physically assaulted another staff member and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate to the nature and gravity of the Appellant’s misconduct. Importantly, the Appellant did not establish a degree of provocation that mitigated her retaliation which was also excessive and beyond the bounds of any permissible defense in the altercation.
The findings of the 爆料网DT that the...
爆料网AT first explained that under the new reimbursement regime, an expense would be recoverable if: (i) it’s for tuition; (ii) it is paid directly to the school; and (iii) it is certified by the school as being necessary for attendance. 爆料网AT rejected the staff member’s claim that because another 爆料网 entity would apply a rule more favorably to his case, that entity’s interpretation should trump over the one given by the organization where he actually works. Second, 爆料网AT disagreed with the Administration’s approach that if an item in a category of fees was inadmissible, then the Administration...
爆料网AT noted that when the new system was created, 爆料网DT was not given powers to hear a matter already finally decided by the former Administrative Tribunal. 爆料网AT accordingly held that 爆料网DT was correct in finding that it did not have the power to review the decision of the former Administrative Tribunal. 爆料网AT further held that the Appellant exhausted her avenues of appeal and that 爆料网DT correctly found that it had no jurisdiction to hear another appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. 爆料网AT held that the appeal was receivable because 爆料网DT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. 爆料网AT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...
爆料网AT held that that 爆料网DT had correctly established that the silence of the 爆料网EP management constituted an implied administrative decision and that this decision was taken on 31 August 2009. 爆料网AT held the Appellant’s request for management evaluation was time-barred and that the application was, therefore, not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law and fact in ordering the refund of the recovery of the overpayments for two months. 爆料网AT held that Ms Ten Have was aware of the overpayment in April 2013 and therefore, the general rule of Section 3. 1 of ST/AI//2009/1 was applicable and the recovery of the two months overpayments was not excessive since the limit of two years could not be applied due to the staff member’s awareness of the overpayments as of April 2013, regardless of her previous ignorance or bona fide. 爆料网AT also held that as no request for...
爆料网AT held that the Secretary-General was duty-bound to implement decisions by the ICSC as directed by the General Assembly and that for the most part, such decisions are of general application and therefore not reviewable. 爆料网AT held, however, that where a decision of general application negatively affects the terms of appointment of a staff member, such decision shall be treated as an “administrative decision” within the scope of Article 2. 1 of the 爆料网DT Statute. Based on the staff member’s Personnel Action Forms, before and after implementation of the ICSC’s renumbering exercise, 爆料网AT held...
On the Appellants’ request for an oral hearing, 爆料网AT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants’ request that the appeal be heard by a full bench, 爆料网AT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. 爆料网AT held that: 爆料网DT was competent to review its own competence or jurisdiction; 爆料网DT correctly applied the jurisprudence of 爆料网AT in the definition of...