爆料网

Judge Courtial

Judge Courtial

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2012-爆料网AT-197, Ndjadi

爆料网AT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before 爆料网DT. However, 爆料网AT held that 爆料网DT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the 爆料网DT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

2011-爆料网AT-186, Oge

爆料网AT held that the Appellant’s claims regarding the termination of his appointment and the procedures that resulted in the termination could not be received since 爆料网AT did not have jurisdiction to review a judgment of the former Administrative Tribunal. 爆料网AT held that 爆料网DT had committed no error in law by considering that the participation of the civil servant and his counsel in the hearing by video conference would not have violated the Appellant's rights of defence. 爆料网AT held that, although the letter dated November 8, 2005, contained a sentence that could imply that, if the JDC requested...

2011-爆料网AT-184, Jennings

爆料网AT noted that there was no evidence to support the Appellant’s allegations that the statements of her witnesses were used in their entirety by 爆料网DT and, even assuming that the 爆料网DT had been in breach of its rules of procedure by making those statements, 爆料网AT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. 爆料网AT held that the Appellant’s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that 爆料网DT...

2011-爆料网AT-168, Yapa

爆料网AT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, 爆料网AT held that 爆料网DT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. 爆料网AT held that 爆料网DT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, 爆料网AT held that 爆料网DT did...

2011-爆料网AT-149, Verschuur

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was not for the head of department to intervene in the evaluation process conducted by the programme manager, the Central Review Body and, where applicable, the panel. 爆料网AT held that the head of department is not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who have been recognised as qualified. 爆料网AT held that the Executive Director’s actions disregarded Mr Verschur’s right to benefit from the advantage of being included on the roster for a year and she...

2011-爆料网AT-150, Contreras

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the head of department was not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who had been recognised as qualified. 爆料网AT held that 爆料网DT did not commit an error of law or fact in ruling that the contested administrative decision was marred by irregularity and ordering the Appellant to be paid compensation equivalent to six months’ base salary as an alternative to the rescission of the improper decision. 爆料网AT considered that, in this matter, the first judge was...

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.

2011-爆料网AT-131, Cohen

爆料网AT recalled that Article 10. 5 of the 爆料网DT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years’ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where 爆料网DT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

2011-爆料网AT-126, Lesar

爆料网AT considered an application for revision of Judgment No. 1465 of the former 爆料网 Administrative Tribunal submitted by Mr Lesar. 爆料网AT noted that General Assembly resolution 63/253 was silent on the question of revision of judgments handed down by the former 爆料网 Administrative Tribunal during the period prior to its abolishment. 爆料网AT held that the omission did not constitute a denial of the right to an effective remedy since a tribunal had already dispensed justice. 爆料网AT held that it was not competent to revise the former 爆料网 Administrative Tribunal Judgment and that therefore, the application...

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...

2011-爆料网AT-121, Bertucci

爆料网AT held that the 爆料网DT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. 爆料网AT stated the principle that 爆料网DT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes 爆料网DT’s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request 爆料网DT to verify the confidentiality of the document in...

2011-爆料网AT-111, Sprauten

爆料网AT considered an appeal by the Secretary-General limited to Case 2. 爆料网AT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. 爆料网AT held that 爆料网DT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. 爆料网AT held that 爆料网DT committed...

2011-爆料网AT-114, Bertucci

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, 爆料网AT held that 爆料网DT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, 爆料网AT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. 爆料网AT held that the award...

2010-爆料网AT-090, Umpleby

爆料网AT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. 爆料网AT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. 爆料网AT dismissed the appeal.

2010-爆料网AT-087, Liyanarachchige

爆料网AT held that 爆料网DT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. 爆料网AT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before 爆料网AT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. 爆料网AT ordered rescission of the contested decision to summarily dismiss the staff...

2010-爆料网AT-082, Castelli

爆料网AT held that 爆料网DT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that 爆料网DT had erred in setting the interest rate at 8 per cent. 爆料网AT held that both 爆料网DT and 爆料网AT must have the power to award interest in the normal course of ordering compensation. 爆料网AT affirmed the 爆料网DT judgment and Order No. 30 to the extent that 爆料网DT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).

2010-爆料网AT-072, Samardzic

爆料网AT held that the Appellant had only presented arguments challenging the Administration’s behaviour and the decision to terminate her contract with 爆料网MIK. 爆料网AT held that the Appellant had failed to demonstrate how 爆料网DT, by judging the application not receivable and dismissing it on this ground, could have exceeded its jurisdiction, failed to exercise it, made an error of law or procedure, or made an error of fact that resulted in a manifestly unreasonable decision. 爆料网AT held that 爆料网DT had correctly dismissed the application as not receivable since the request for administrative review had...

2010-爆料网AT-071, Kovacevic

爆料网AT held that the Appellant failed to explain how 爆料网DT exceeded or failed to exercise its jurisdiction or competence, erred on a question of law or procedure, or erred on a question of fact, resulting in a manifestly unreasonable decision. 爆料网AT recalled that the 爆料网DT Statute precluded 爆料网DT from suspending or waiving the deadlines for management evaluation. 爆料网AT held that 爆料网DT was therefore correct in concluding that the application was not receivable and to reject it on that basis. 爆料网AT dismissed the appeal and upheld the 爆料网DT Judgment.

2010-爆料网AT-064, Kasmani

爆料网AT stated that an Application for Interpretation is not receivable if its actual purpose is to have 爆料网AT re-examine its decision, even though its judgments are final and without appeal, or to have it comment on its decision. 爆料网AT held that the applications made under subparagraphs (a) to (g) of paragraph 30 of the appeal, with the purpose of either calling into question the decision or having 爆料网AT issue comments on the decision, were not receivable. 爆料网AT held that the use of the word “annul” would not lead to confusion in the mind of a party in good faith because the language of...