The staff member appealed seven 爆料网DT judgments. 爆料网AT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.
The staff member appealed seven 爆料网DT judgments. 爆料网AT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.
爆料网AT held that 爆料网DT correctly determined that no appealable administrative decision was identified by the Appellant. 爆料网AT held that 爆料网DT correctly assessed the actions and/or omissions against the definition of an administrative decision. 爆料网AT held that 爆料网DT was correct in law when it stated that the Administration’s proposed alternative did not qualify as a final decision, nor could it be considered as a decision not to proceed with the rebuttal process. 爆料网AT held that there was nothing in the Appellant’s written or oral submissions to persuade 爆料网AT that 爆料网DT made any error of law or fact in...
爆料网AT held that there was no merit in the appeal as 爆料网DT correctly concluded that applications to 爆料网DT were only receivable if the applicant had previously submitted the contested administrative decision for management evaluation and that management evaluation was a mandatory first step. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT held that there was no error in 爆料网DT’s finding that the application was moot and thus, not receivable. 爆料网AT held that the 爆料网DT’s decision to dispose of the issue of compensation as part of another case was a case management decision well within the discretion of 爆料网DT and caused no injustice to the Appellant. 爆料网AT observed that it should never have been called on to review the 爆料网DT’s decision since the fact that the application was moot was obvious. 爆料网AT held that the Appellant had manifestly abused the appeals process by filing an appeal that was blatantly frivolous. 爆料网AT opined that the...
爆料网AT held that 爆料网DT correctly concluded that applications to the 爆料网DT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. 爆料网AT found no merit in the Appellant’s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. 爆料网AT upheld the 爆料网DT’s consideration that in the event of any ambiguity or contradiction between the 爆料网DT Statute and the Staff Rules, the former must...
爆料网AT considered the Secretary-General’s appeal, specifically as to whether Mr Gehr was prejudiced or discommoded by the fact that his rebuttal was conducted by the rebuttal panel established in 2011. 爆料网AT did not find that Mr Gehr’s obligation to engage with a panel established pursuant to ST/AI/2010/5 was, in and of itself, sufficient to merit an award of compensation, in the absence of specific harm or prejudice arising therefrom. 爆料网AT held that the breach was not of sufficient seriousness to merit a compensatory award. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment in its entirety.
爆料网AT considered an appeal by the Secretary-General. The Secretary-General contended that the Ethics Office’s determination that no credible prima facie case of retaliation had been established was not an administrative decision subject to judicial review under Article 2 of the 爆料网DT Statute. 爆料网AT noted that the key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms or conditions of appointment. 爆料网AT found that, in this case, the recommendation of the Ethics Office had no legal...
As a preliminary matter, 爆料网AT dismissed the Appellant’s motion “for a finding of the Respondent’s dissembling. ” With respect to the substance of the appeal, 爆料网AT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT addressed both appeals by the Secretary-General in judgment No. 2014-爆料网AT-418. 爆料网AT held that 爆料网DT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member’s appointment. 爆料网AT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. 爆料网AT dismissed the appeals and affirmed...
