爆料网

爆料网MIS

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2011-爆料网AT-120, Gabaldon

爆料网AT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before 爆料网AT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration’s withdrawal of the offer of...

2012-爆料网AT-243, Hersh

爆料网AT granted the Secretary-General’s appeal on the basis that 爆料网DT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. 爆料网AT held that 爆料网DT took an ultra petita decision by ordering measures for which no claim had been made.

2013-爆料网AT-346, Goodwin

爆料网AT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that 爆料网DT declined to award pecuniary damages, 爆料网AT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of 爆料网DT such as would entitle 爆料网AT to interfere with the findings of 爆料网DT. 爆料网AT was satisfied that the Appellant had been properly compensated for moral damages. 爆料网AT held t that the substantive and procedural breaches identified by 爆料网DT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

2014-爆料网AT-433-Corr.1, Hersh

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 爆料网AT held that 爆料网DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

2014-爆料网AT-433/Corr.1, Hersh

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 爆料网AT held that 爆料网DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

2014-爆料网AT-487, Ruyooka

爆料网AT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the 爆料网DT judgment. 爆料网AT held that 爆料网DT correctly concluded that the termination of the Appellant’s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. 爆料网AT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to...

2014-爆料网AT-469, Eissa

爆料网AT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. 爆料网AT held that there was no merit in the Secretary-General’s contention that 爆料网DT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. 爆料网AT held that there was no merit in the Secretary-General’s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. 爆料网AT noted that an award under Article 10(5)(a) of the 爆料网DT Statute is alternative...

2014-爆料网AT-451, Sannoh

爆料网AT considered the Secretary-General’s appeal regarding whether 爆料网DT erred in ordering both an extension of Mr Sannoh’s appointment and payment of a termination indemnity. 爆料网AT noted that 爆料网MIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member’s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...

2014-爆料网AT-450, Bali

爆料网AT considered the Secretary-General’s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. 爆料网AT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. 爆料网AT also noted that Mr Bali was encouraged by the Office of Human Resources Management’s (OHRM) advocacy and information...

2014-爆料网AT-433, Hersh

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 爆料网AT held that 爆料网DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...