2016-爆料网AT-665, Hamdan
爆料网AT considered whether 爆料网RWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant’s application was flawed by procedural irregularities. 爆料网AT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before 爆料网RWA DT. The Appellant’s decision to sign the contract was binding on him as there was no evidence of duress. 爆料网AT dismissed the appeal and affirmed 爆料网RWA DT’s judgment.
2016-爆料网AT-652, Nikolarakis
爆料网AT addressed the Secretary-General’s appeal. 爆料网AT agreed with the Secretary-General that 爆料网DT erred on a question of law in substituting its own decision for that of the Administration regarding how the selection process should have been conducted. 爆料网AT held that 爆料网DT had improperly relied on “logic” to insert a step into the assessment process that was not required under the staff selection system established under the Staff Regulations and Rules. 爆料网AT held that 爆料网DT had clearly erred on a matter of law and had exceeded its competence by deciding that the DSS/SSS management lacked...
2016-爆料网AT-642, Savadogo
爆料网AT rejected the Appellant’s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. 爆料网AT stressed that it was not the task of the JAB or 爆料网AT to conduct a fresh investigation. 爆料网AT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the 爆料网AT RoP and no...
2016-爆料网AT-627, El Rush
爆料网AT rejected the request for an oral hearing and the production of documents since there was no need for further clarification. 爆料网AT held that the Appellant’s contentions regarding the application of the Palestinian Labour Law No. 7 (2000) and the 爆料网RWA DT’s error in calculating the time limits were misconceived. 爆料网AT held that, regarding the procedure and timeline involved in challenging administrative decisions, former 爆料网WRA Area Staff Rule 111. 3, which was in effect at the material time when the Appellant’s contract as a teacher was terminated, was applicable. 爆料网AT agreed with the...
2016-爆料网AT-628, Taneja et al.
爆料网AT found that 爆料网DT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. 爆料网AT held that 爆料网DT could not have converted sua sponte the Appellants’ request for more time into applications. 爆料网AT held that 爆料网DT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. 爆料网AT vacated the 爆料网DT judgment and...
2016-爆料网AT-622, Aly et al.
爆料网AT affirmed 爆料网DT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, 爆料网AT reversed 爆料网DT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...
2016-爆料网AT-614, Roberts
爆料网AT considered the appeal by the Secretary-General challenging the compensation for moral damages. 爆料网AT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. 爆料网AT held that the payment of the compensation constituted an acceptance of the Secretary-General of the 爆料网DT judgment. 爆料网AT held that the appeal was, therefore, moot. 爆料网AT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. 爆料网AT held that although the Secretary-General’s appeal had no merit, it...
2016-爆料网AT-615, Ejaz, Elizabeth, Cherian and Cone
爆料网AT rejected the request for an oral hearing finding that there was no need for further evidence. 爆料网AT held that 爆料网DT had erred in law and procedure when it did not consider the Appellant’s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. 爆料网AT held that it was impossible for the Appellant’s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. 爆料网AT held that the case was similar to the related case disposed...
2015-爆料网AT-600, James
爆料网AT affirmed 爆料网DT’s finding that the staff member’s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the 爆料网DT Statute and Staff Rule 11.2(a). 爆料网AT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...
2015-爆料网AT-587, Faraj
爆料网AT had before it an appeal by the staff member limited to the award of compensation. 爆料网AT noted that 爆料网RWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. 爆料网AT held that there was no error in this regard. 爆料网AT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, 爆料网RWA DT was conscious of the Appellant’s claims for loss of opportunity. 爆料网AT held that, in view of...
2015-爆料网AT-590, Applicant
爆料网AT had before it the Secretary-General’s appeal against judgment Nos. 爆料网DT/2013/004 (judgment on receivability) and 爆料网DT/2013/128 (judgment on the merits). 爆料网AT held that there was no reason to upset the 爆料网DT’s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. 爆料网AT held, affirming 爆料网DT’s finding, that the Applicant’s application was receivable by 爆料网DT. Noting that the Applicant commenced employment with 爆料网ICEF less than three months after her separation and with no reduction in level or step from her previous role, 爆料网AT...
2015-爆料网AT-584, Gebremariam
爆料网AT refused the Appellant’s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to 爆料网DT. 爆料网AT held that 爆料网DT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. 爆料网AT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his 爆料网DT application, and by corollary should then have removed the written reprimand and all reference to it...
2015-爆料网AT-571, Weerasooriya
爆料网AT held that the 爆料网DT’s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the 爆料网FPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to 爆料网FPA. 爆料网AT rejected 爆料网DT’s finding that the timing of the decision to terminate the Appellant’s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. 爆料网AT held that it would be unreasonable to require the Administration to restart the termination...
2015-爆料网AT-570, Hajdari
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. 爆料网AT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. 爆料网AT held that Mr Hajdari never challenged his separation from service from 爆料网MIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. 爆料网AT held that Mr Hajdari’s...
2015-爆料网AT-562, Birya
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. 爆料网AT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. 爆料网AT held that 爆料网DT’s conclusion that the application was receivable was without legal basis as was its award of compensation. 爆料网AT held that...
2015-爆料网AT-555, Pedicelli
爆料网AT held that the Secretary-General was duty-bound to implement decisions by the ICSC as directed by the General Assembly and that for the most part, such decisions are of general application and therefore not reviewable. 爆料网AT held, however, that where a decision of general application negatively affects the terms of appointment of a staff member, such decision shall be treated as an “administrative decision” within the scope of Article 2. 1 of the 爆料网DT Statute. Based on the staff member’s Personnel Action Forms, before and after implementation of the ICSC’s renumbering exercise, 爆料网AT held...
2015-爆料网AT-557, Kazazi
As a preliminary matter, 爆料网AT denied the Appellant’s application for confidentiality. 爆料网AT rejected the Appellant’s contention that the Senior Human Resources Officer did not have the appropriate authority to take the contested decision and that such power lay only with the Director of Administration. 爆料网AT held, in agreement with 爆料网DT, that the e-mail from the Senior Human Resources Officer conveyed a clear and definite administrative decision with direct legal consequences for the Appellant. 爆料网AT held, in agreement with 爆料网DT, that the subsequent response from the Director of Administration...
2015-爆料网AT-547, Staedtler
爆料网AT held that the Appellant’s argument that 爆料网DT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. 爆料网AT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of 爆料网DT to determine admissibility and weighing of evidence, 爆料网AT held that there was no merit in the Appellant’s submission that 爆料网DT erred in law and fact when it failed to draw the necessary inference from...
2015-爆料网AT-541, Hasan
The Appellant appealed the 爆料网RWA DT judgment failure to consider several points and to address compensation. 爆料网AT held that the Appellant did not identify any of the requisite grounds in his appeal. 爆料网AT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to 爆料网RWA DT. 爆料网AT upheld the 爆料网RWA DT’s decision not to award compensation on the basis that there was no evidence in support of the Appellant’s claim of psychological suffering. 爆料网AT held that the Appellant’s case was...
2015-爆料网AT-527, Dhanjee
爆料网AT upheld the Secretary-General’s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant’s candidature full and fair consideration. 爆料网AT held that 爆料网DT properly applied the standard of judicial review to determine whether the Hiring Manager’s decision that the Appellant was not among the most qualified for the post was reasonable. 爆料网AT held there was no reason to reverse the findings of 爆料网DT. 爆料网AT noted that the Appellant merely repeated the arguments he made before 爆料网DT and expressed his disagreement with the findings of the Hiring Manager. 爆料网AT held that...