爆料网

爆料网ICEF

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2013-爆料网AT-302, Applicant

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the weight of the evidence, in that case, justified the decision taken by 爆料网ICEF. 爆料网AT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to 爆料网AT’s satisfaction that...

2013-爆料网AT-315, Abbasi

爆料网AT considered an application for revision and an application for interpretation of judgment No. 2011-爆料网AT-112, both filed by Ms Abbasi. On the application for revision, 爆料网AT held that it constituted a disguised way to criticise the impugned judgment or to disagree with it, noting that the rules did not allow the use of an application for revision for such a goal or to modify, complete or improve a 爆料网AT judgment. 爆料网AT held that, even if the “cheating” in the written test had been qualified as previously unknown and not due to Ms Abbasi’s negligence, it would not have had a decisive impact on...

2014-爆料网AT-493, Das

爆料网AT considered Ms Das’s application for Interpretation of judgment with respect to the award of interest on the compensatory damages and any remaining termination benefits and entitlements. 爆料网AT noted that its earlier jurisprudence held that interest was to be paid at the US Prime rate from the date on which the entitlement becomes due, which in this case is the date of the 爆料网DT judgment. 爆料网AT noted that it had merely affirmed the award of compensatory damages and termination benefits by 爆料网DT and had not initiated it. 爆料网AT held that there was no merit to the Secretary-General’s claim that...

2014-爆料网AT-483, Mashhour

爆料网AT considered the Secretary-General’s appeal. 爆料网AT held that 爆料网DT erred by concluding that ST/AI/2002/3 applied to 爆料网ICEF, as the 爆料网ICEF Handbook establishes the procedure that a staff member must follow should they wish to rebut the content of their performance report. 爆料网AT noted that the principle articulated in Villamoran v. Secretary-General of the United Nations (2011-爆料网AT-160), which holds that administrative issuances have greater legal authority over manuals such as the 爆料网ICEF Handbook, only where there is a conflict between guidelines and manuals and a properly promulgated...

2014-爆料网AT-476, Machanguana

爆料网AT considered an appeal limited to the Appellant’s claim that 爆料网DT erred in awarding costs against him. 爆料网AT noted that the jurisdiction of a tribunal to award costs is narrowly restricted to instances where a party has manifestly abused the proceedings. 爆料网AT found that 爆料网DT gave no reasons for its determination that the Appellant had manifestly abused the proceedings, cited no evidence establishing that his application was frivolous or vexatious, or that he had deliberately delayed the proceedings, or had disobeyed an order of 爆料网DT or had, in any other way, abused 爆料网DT’s proceedings. 爆料网AT...

2014-爆料网AT-421, Das

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, at the time 爆料网ICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. 爆料网AT affirmed 爆料网DT’s finding that the staff member’s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration’s decision to reverse the decision was untimely and ineffective. 爆料网AT held that there was no reason to reverse 爆料网DT’s finding that the staff member had been deprived of a...

2015-爆料网AT-588, Awan

爆料网AT held that it could find no fault with the 爆料网DT’s conclusion that the application was not receivable ratione materiae, which accorded with 爆料网AT’s jurisprudence. 爆料网AT held that, since that ground was sufficient to affirm the 爆料网DT judgment and to dismiss the appeal, there was no need for it to determine whether the application before 爆料网DT challenged a specific implied administrative decision on the part of 爆料网ICEF or whether the Appellant was merely making general complaints about 爆料网ICEF’s failure to protect him. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2015-爆料网AT-559, Khan

爆料网AT held, in agreement with 爆料网DT, that the decision of 23 April 2013 when the Appellant was informed that his post would be abolished on 31 December 2013, constituted the contested administrative decision in the case. 爆料网AT agreed with the Appellant that, in its Order No. 98 (NY/2014), 爆料网DT made no reference to considering receivability as a preliminary issue, however, 爆料网AT held that the Appellant did not establish that such an error resulted in a manifestly unreasonable decision or had any effect at all on the decision. 爆料网AT held that the Appellant’s claim that he did not receive a fair trial...

2015-爆料网AT-553, Dia

Noting that that the crux of the Appellant’s appeal was that 爆料网DT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, 爆料网AT held there was merit to the appeal. 爆料网AT held that there was no evidence that the Appellant’s claim for moral damages was properly considered by 爆料网DT. 爆料网AT held that on the totality of the evidence, the Appellant had a claim for moral damages. 爆料网AT upheld 爆料网DT’s finding that the recruitment process was flawed in that it was affected by the perception of bias. 爆料网AT granted the appeal in...

2015-爆料网AT-534, Assale

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT made an error of law when it applied 爆料网ICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. 爆料网AT held that 爆料网DT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. 爆料网AT held that 爆料网DT’s conclusion that the non-renewal decision was vitiated by 爆料网ICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. 爆料网AT held that 爆料网DT erroneously concluded that both the Chad Country...