2015-爆料网AT-568, Lebouef et al.
On the Appellants’ motion for contempt and request to strike specific paragraphs from the Respondent’s Answer, 爆料网AT found no basis to grant the relief sought but stated it would deal with the issue in the judgment. On the Appellants’ complaints about the number of witnesses permitted to testify, 爆料网AT held that: insofar as the Appellants’ sought to impugn the 爆料网DT judgment on the basis of the number of witnesses permitted to testify, there was no merit in such an argument and it found no error of procedure such as to affect the decision in the case; and there was no merit in the argument that...
2015-爆料网AT-563, Reid
爆料网AT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. 爆料网AT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...
2015-爆料网AT-556, Scheepers et al
爆料网AT considered an appeal by the Secretary-General. On the question of whether 爆料网DT erred in finding that the five years’ experience requirement was arbitrary and not based on any proper consideration, 爆料网AT held that, absent any proper legal or factual basis upon which to impugn the five years’ experience requirement, 爆料网DT had no function in substituting its judgment for that of the Administration in determining the criteria for the selection of S-3 officers, and in doing so, 爆料网DT erred in law resulting in a manifestly unreasonable decision. 爆料网AT held that 爆料网DT erred in law in deeming the...
2015-爆料网AT-558, Kouadio
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. 爆料网AT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that 爆料网DT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. 爆料网AT held that the 爆料网DT erred on a question of law in finding that it could not determine the receivability of the application. 爆料网AT upheld the Secretary-General’s appeal, vacated the 爆料网DT judgment and dismissed Mr...
2015-爆料网AT-548, Khaleel
爆料网AT held that it was satisfied that the rejection of the application as not receivable was correct on the basis that the Appellant did not seek decision review within the mandatory time period, which meant that 爆料网RWA DT was precluded in law from considering the merits of his application. 爆料网AT held that the Appellant did not identify how the 爆料网RWA DT judgment was in any way defective or demonstrated that 爆料网RWA DT erred in relation to its jurisdiction or committed an error of fact or law or procedure such as would warrant intervention by 爆料网AT. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT...
2015-爆料网AT-542, Nielsen
爆料网AT had before it an appeal against both Order No. 63 (GVA/2014) and Summary judgment No. 爆料网DT/2014/061. On the Appellant’s additional filings and motions to submit additional pleadings, 爆料网AT held that there were no exceptional circumstances that warranted the inclusion of any of the additional material in the appeal and denied the motions. On the Appellant’s motion requesting 爆料网AT to intervene in matters which fell outside the scope of the appeal, 爆料网AT denied the motion. On the Appellant’s appeal of Order No. 63 (GVA/2014), 爆料网AT rejected the appeal on the basis that her appeal grounds did...
2015-爆料网AT-528, Rantisi
爆料网AT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General’s argument that 爆料网DT unduly fettered its discretion to award compensation in lieu of specific performance, 爆料网AT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, 爆料网AT would not interfere with the discretion vested in 爆料网RWA DT to decide on remedy. 爆料网AT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General’s argument that...
2015-爆料网AT-516, Fiala
爆料网AT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. 爆料网DT/2014/007. 爆料网AT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. 爆料网AT held that there was no error of law or fact on the part of 爆料网DT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for 爆料网DT, 爆料网AT held that the arguments advanced by the Secretary-General did not...
2015-爆料网AT-513, Simmons
爆料网AT considered an application for execution. 爆料网AT noted that Ms Simmons maintained that there was a sum of money due and owed to her relating to judgment No. 2012-爆料网AT-221. 爆料网AT held that Ms Simmons’ contentions were not sustained. 爆料网AT held that the Secretary-General fully complied with judgment No. 2012-爆料网AT-221, as corrected by Order No. 148 (2013). 爆料网AT rejected the application for execution.
2015-爆料网AT-514, Abu Nada
爆料网AT held that 爆料网DT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. 爆料网AT held that 爆料网DT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant’s complaint that 爆料网RWA DT did not address his complaint regarding the deduction by 爆料网RWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, 爆料网AT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the 爆料网RWA DT when it determined these...
2015-爆料网AT-507, Porter
爆料网AT considered an appeal by the Secretary-General. 爆料网AT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. 爆料网AT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. 爆料网AT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of 爆料网DT, was more proper for consideration once a final judgment has been rendered by 爆料网DT...
2015-爆料网AT-496, Asariotis
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in finding that, pursuant to the Instruction Manual, a candidate for an advertised post was entitled to be apprised of the composition of the interview panel prior to the interview. 爆料网AT held, however, that by pointing out that she had been previously interviewed for the post and that there were ongoing proceedings before 爆料网DT regarding her challenge to a prior selection exercise, the staff member had put the Administration on notice of the importance she attached to the panel’s composition. 爆料网AT held that...
2014-爆料网AT-484, Abassa
爆料网AT considered an appeal of judgment No. 爆料网DT/2013/145. On the issue of whether 爆料网DT erred in law in not receiving the Appellant’s application for revision of judgment, 爆料网AT held that it did. 爆料网AT noted that to import into Article 12(1) of the 爆料网DT Statute the limitations presently advocated by 爆料网DT, merely because of the inclusion of the word “executable,” would be unduly restrictive and tantamount to a denial of an already narrowly construed remedy and unduly circumscribe the right of access of staff members to 爆料网DT. With respect to the merits of the application for revision, 爆料网AT held that...
2014-爆料网AT-479, Gehr
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.
2014-爆料网AT-482, Abdullah
As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, 爆料网AT found no merit in the Appellant’s arguments. 爆料网AT was not persuaded that the Appellant suffered prejudice by 爆料网RWA DT admitting the Commissioner-General’s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, 爆料网AT found that 爆料网RWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...
2014-爆料网AT-473, Collas
With regard to the decisions to transfer the Appellant from 爆料网OPS to GF / WHO, to transfer her back to 爆料网OPS and to put her on reimbursable loan to the GF, to deny her the right to return to 爆料网OPS, and to separate her from 爆料网OPS upon the expiry of her SLWOP on 30 June 2012, 爆料网AT found that 爆料网DT did not err in holding that the Appellant’s challenges were time-barred. 爆料网AT held that the Appellant failed to seek timely management evaluation of her separation from 爆料网OPS on 30 June 2012. With respect to 爆料网DT’s determination that the Appellant was not challenging her financial package and that the...
2014-爆料网AT-461, Al-Badri
The Secretary-General appealed 爆料网DT’s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. 爆料网AT only considered the receivability of this appeal. 爆料网AT held that alleged excess of jurisdiction or competence on the part of 爆料网DT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. 爆料网AT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the 爆料网AT Statute is that only final judgments of...
2014-爆料网AT-455, Guzman
爆料网AT considered an appeal by the Secretary-General. As a preliminary matter, 爆料网AT dismissed Ms Guzman’s Motion to file an Addendum to Answer the Secretary-General’s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by 爆料网AT. On the merits, 爆料网AT found that 爆料网DT’s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman’s amended Motion of...
2014-爆料网AT-457, Wasserstorm
The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. 爆料网AT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. 爆料网AT accordingly upheld the Secretary-General’s appeal on receivability. 爆料网AT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, 爆料网AT found that the Secretary-General’s refusal to...
2014-爆料网AT-439, Gusarova
爆料网AT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, 爆料网AT held that 爆料网DT was the body best placed to assess a candidate’s chance of selection for placement on the roster. 爆料网AT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin 爆料网DT’s assessment that the staff member’s chances were not in the realm of the speculative. 爆料网AT held that there was no merit in the Secretary-General’s cross...