爆料网

爆料网HCR

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2012-爆料网AT-240, Johnson

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Johnson. 爆料网AT agreed with 爆料网DT’s analysis and held that the decision to deny the staff member a refund of the US income tax on her salary and emoluments was unlawful. 爆料网AT recalled that the US grants foreign tax credits in respect of income tax paid by one of its nationals or permanent residents to another State to relieve the effects of double taxation. 爆料网AT held that the exclusion of such credits as payment would not only contravene the principle of equality of treatment among staff members if staff members from the...

2012-爆料网AT-254, Nyakossi

爆料网AT considered the Secretary-General’s appeal. 爆料网AT noted that 爆料网DT did not find that the Applicant was distressed by 爆料网HCR’s illegal conduct or that he had suffered any adverse consequences or harm from 爆料网HCR’s procedural error in following the opinion of DSS. 爆料网AT held that 爆料网DT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. 爆料网AT upheld the appeal and reversed the 爆料网DT judgment regarding the award of damages to the staff member.

2012-爆料网AT-209, Applicant

爆料网AT considered an appeal by the Secretary-General against the judgment on the merits (爆料网DT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (爆料网DT/2011/131). Relying on its previous holding in Bertucci (2011/爆料网AT/114), 爆料网AT held that 爆料网DT erred in finding that the Administration violated the Applicant’s due process rights, as no actual prejudice was found. 爆料网AT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...

2012-爆料网AT-192, Akyeampong

爆料网AT considered appeals from both the Secretary-General and M Akyeampong on the issue of whether Ms Akyeampong could be denied a promotion on account of the two reprimands. 爆料网AT held that the two reprimands had not been an obstacle to Ms Akyeampong filling a D-1 position or being recommended for a promotion. Moreover, 爆料网AT held that the presence of the two reprimands had not debarred her from being promoted during the 2009 annual promotion session. 爆料网AT allowed Ms Akyeampong’s appeal in part, rescinded the impugned decision and dismissed the Secretary-General’s appeal, with Judge Weinberg de...

2013-爆料网AT-393, Applicant

爆料网AT considered the Applicant’s application for revision of judgment No. 2012-爆料网AT-209. 爆料网AT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the 爆料网AT Statute. 爆料网AT held that the issuance of another judgment during the same session as which the Applicant’s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. 爆料网AT held that the application was submitted almost one year...

2013-爆料网AT-384, McCluskey

爆料网AT held that 爆料网DT did not commit any error when it determined that the application before it was not receivable as it was time-barred. 爆料网AT noted that it was technically improper for 爆料网DT to analyse the merits of the case after declaring the application time-barred. 爆料网AT held that even if the appeal had been receivable ratione temporis, the Appellant’s claim could not succeed. 爆料网AT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. 爆料网AT dismissed the...

2013-爆料网AT-383, Bofill

On the Appellant’s claims of discriminatory and arbitrary practices, 爆料网AT did not find that 爆料网DT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and 爆料网DT’s findings demonstrated that it took cognisance of all relevant information. 爆料网AT held that there was no error by 爆料网DT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. 爆料网AT held that 爆料网DT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...

2013-爆料网AT-379, Andersson

爆料网AT considered the Secretary-General’s appeal. 爆料网AT rejected the Secretary-General’s submission that 爆料网DT erred in “double-counting” by using the same element of Mr Andersson’s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. 爆料网AT also rejected the Secretary-General’s submission that Mr Andersson only fleetingly referred to...

2013-爆料网AT-370, Bi Bea

爆料网AT vacated 爆料网DT’s award of CHF 5,000. 爆料网AT held that, while 爆料网DT had the power to award costs for manifest abuse of proceedings before JAB, 爆料网DT erred in finding that the Secretary-General’s delay in responding to the JAB report constituted a manifest abuse of proceedings. 爆料网AT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. 爆料网AT held that, before 爆料网DT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...

2013-爆料网AT-367, Cranfield

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in its determination. 爆料网AT held that there was no legal basis for 爆料网DT to bind the Administration to a 90-day statutory time limit. 爆料网AT held that it was not necessary to remand the case to 爆料网DT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 爆料网AT held that as of 30 June 2009, 爆料网AT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...