爆料网

爆料网ICEF

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2010-爆料网AT-097, Dumornay

爆料网AT preliminarily rejected the Appellant’s request to present additional evidence. On the merits, 爆料网AT held that the Appellant did not demonstrate that 爆料网DT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. 爆料网AT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. 爆料网AT held that there was no evidence to support the allegations of...

2010-爆料网AT-092, Mmata

爆料网AT affirmed the 爆料网DT award of compensation for loss of earnings for seven months from the date of the staff member’s separation from service to the date of the 爆料网DT judgment (as an alternative to the order for reinstatement of the staff member) plus an additional amount of two years’ net base salary. The Secretary-General maintained that, while the total of these amounts exceeded the compensation limit of two years’ net base salary, 爆料网DT did not particularize any reasons to justify an increased award under Article 10.5(b) of the 爆料网DT Statute. 爆料网AT held that Article 10.5(b) does not require a...

2011-爆料网AT-123, Messinger

爆料网AT held that 爆料网DT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant’s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. 爆料网AT held that 爆料网DT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. 爆料网AT held that 爆料网DT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. 爆料网AT held that it was not persuaded that 爆料网DT made any errors of...

2011-爆料网AT-112, Abbasi

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that no gender discrimination took place against Ms Abbasi. 爆料网AT held that 爆料网DT erred in finding that there was gender discrimination against her. 爆料网AT held that the Administration applied 爆料网ICEF’s Gender Parity and Equality Policy in Ms Abbasi’s favour. 爆料网AT did not find any violation of the right to be equally considered – or even favoured for reasons of gender – in the evaluation criteria applied or in the decisions taken by 爆料网ICEF during the selection process. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.

2012-爆料网AT-275, Cooke

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. 爆料网AT held that 爆料网DT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. 爆料网AT held that 爆料网DT had interpreted Articles 19 and 35 of the 爆料网DT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the 爆料网DT...

2012-爆料网AT-207, Hallal

爆料网AT considered an appeal, in which the Appellant claimed that 爆料网DT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. 爆料网AT held that it was within the competence of 爆料网DT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. 爆料网AT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and...

2013-爆料网AT-390, Wesslund

爆料网AT considered a writ of mandamus from Ms Wesslund, who requested that 爆料网AT order 爆料网DT to accept her applications. 爆料网AT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against 爆料网DT Order No. 100 (NY/2013). 爆料网AT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to 爆料网AT for an extension or waive of the applicable time limits, 爆料网AT held that the appeal of the Order was not receivable ratione temporis. 爆料网AT dismissed the...

2013-爆料网AT-385, Samuel Thambiah

爆料网AT did not accept the argument that there was no evidence to indicate that the Appellant received the letter communicating the outcome of the management evaluation on 14 July 2011, noting that 爆料网DT relied on the Appellant’s statement to ascertain that date. 爆料网AT held that the Appellant failed to show any error on 爆料网DT’s part. 爆料网AT held that the Secretary-General rightly submitted that the deadline for the Appellant to file an application with 爆料网DT was 12 October 2011, notwithstanding any ambiguity as to when she actually received the management evaluation response and the appeal failed on...

2013-爆料网AT-381, Applicant

爆料网AT considered an appeal by the Secretary-General against judgment No. 爆料网DT/2012/159; an appeal by the “Applicant” (anonymity granted) against judgment No. 爆料网DT/2013/079; and a cross-appeal by the Secretary-General of judgment No. 爆料网DT/2013/079. On receivability, 爆料网AT considered the Secretary-General’s case that 爆料网DT erred on the issue of receivability as the non-disciplinary issues contested by the Applicant were never submitted for management evaluation. 爆料网AT held that 爆料网DT, in deciding that the non-disciplinary issues had been submitted for management evaluation, erred in law and in fact...

2013-爆料网AT-380, Cooke

爆料网AT considered an appeal by the Secretary-General. 爆料网AT considered that 爆料网DT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke’s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. 爆料网AT held that when it determines that 爆料网DT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. 爆料网AT clarified that this did not...