爆料网

爆料网ODC

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爆料网DT/2022/043, Banaj

The administrative decision to close a staff member’s complaint with no disciplinary action produces direct legal consequences affecting his/her terms and conditions of appointment. Moreover, when the claim concerns issues covered by ST/SGB/2008/5, the staff member is entitled to certain administrative procedures. If he or she is dissatisfied with their outcome, he or she may request judicial review of the administrative decisions taken. Accordingly, the application is receivable in its entirety.
The Panel did not comply with its duty to take the necessary steps to obtain the testimony of one...

2011-爆料网AT-139, Basenko

爆料网AT recalled that access to the new system of administration of justice can be extended to persons who are not formally staff members but who can legitimately be entitled to rights similar to those of a staff member. 爆料网AT held that this exception must be understood in a restrictive sense. 爆料网AT held that interns have no access to the new system of administration of justice. 爆料网AT dismissed the appeal.

2012-爆料网AT-253, Gehr

爆料网AT held that 爆料网DT had not erred in concluding that the Administration’s decision, to take into consideration in the context of the Appellant’s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration’s subsequent change of approach. 爆料网AT held that 爆料网DT had correctly determined that the Appellant’s claims in this regard had become moot. 爆料网AT held that, in rendering the Appellant’s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, 爆料网DT had failed to give sufficient weight to a central...

2012-爆料网AT-236, Gehr

爆料网AT rejected Mr Gehr’s contention that the restructuring, although a legitimate exercise of managerial discretion, had been carried out arbitrarily to marginalize him. In accordance with paragraph 2. 4 of ST/AI/2006/3, the Joint Inspection Unit (JIU), in its report, advised the Executive Director to conduct a functional review of all 爆料网ODC divisions, sections and units, and align them to the reconfirmed prioritized framework for action of the Office, including by reorienting human and financial resources if necessary. The JIU further recommended that the Executive Director take measures to...

2012-爆料网AT-234, Gehr

爆料网AT held that 爆料网DT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at 爆料网ODC. 爆料网AT agreed with 爆料网DT that, as a result of the Secretary-General’s broad discretion in relation to decisions on internal management, the issuance of the policy by a “Message of the Day” was subject to limited review by the Tribunal. 爆料网AT affirmed 爆料网DT’s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...

2012-爆料网AT-226, Al-Mulla

爆料网AT noted that heads of departments/offices retain the authority to transfer staff members within their departments or offices to vacant posts at the same level. 爆料网AT held that the Appellant did not demonstrate that 爆料网DT erred in finding that his reassignment was not contingent on the signature of the Host Country Agreement or that the failure to create an L-5 position breached the Host Country Agreement. 爆料网AT held that the Appellant merely voiced his agreement with 爆料网DT’s conclusions and resubmitted the arguments made before 爆料网DT; he did not meet the burden of demonstrating how 爆料网DT erred in...

2012-爆料网AT-205, Marsh

The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, 爆料网AT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, 爆料网AT noted that not every violation of due process will necessarily lead to an award of compensation...

2012-爆料网AT-202, Buscaglia

爆料网AT held that 爆料网DT was correct in finding that the statement dated 26 November 2003 was neither a decision to terminate the Appellant’s appointment nor a disciplinary measure. 爆料网AT held that the statement was merely a publicly stated opinion which had no legal consequences on the Appellant who, in addition to having already been informed on 29 October 2003 that his contract would not be renewed beyond 30 November 2003, had also declared that he would not be able or willing to continue working for 爆料网ODC after his contract expired. 爆料网AT accordingly dismissed the appeal and affirmed the 爆料网DT...

2013-爆料网AT-365, Gehr

爆料网AT held that 爆料网DT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. 爆料网AT held that 爆料网DT, in reaching its decision, correctly assessed the publication of the President’s Order against the definition of an administrative decision and was correct in finding that both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on...