2013-爆料网AT-330, Nwuke
爆料网AT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. 爆料网DT/2012/116. 爆料网AT held that the Appellant had not established any excess of jurisdiction or competence on the part of 爆料网DT; rather, his claims addressed the merits of the 爆料网DT decision. 爆料网AT noted that even if the 爆料网DT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the 爆料网DT...
2013-爆料网AT-327, Tiwathia
爆料网AT noted that appeals from 爆料网DT decisions on suspensions of action will only be receivable if 爆料网DT, in adjudicating such applications, exceeded its competence or jurisdiction. 爆料网AT held that the 爆料网DT’s legal and factual reasoning fell entirely within its competence and jurisdiction. 爆料网AT held that, although the Appellant’s claims addressed the merits of the 爆料网DT judgment, they did not amount to claims that the 爆料网DT exceeded its competence or jurisdiction. 爆料网AT held that the appeal was not receivable. 爆料网DT dismissed the appeal.
2013-爆料网AT-318, Frechon
爆料网AT considered an application for execution of judgment No. 2011-爆料网AT-132 filed by Ms Frechon. Ms Frechon sought execution of what she maintained was the order of 爆料网AT, namely, that the Secretary-General should pay her two years’ salary in lieu of an effective reinstatement. 爆料网AT held that the order in respect of which Ms Frechon sought execution was not an order which was affirmed by 爆料网AT. 爆料网AT held that Ms Frechon could seek execution of 爆料网AT’s order to the extent that the Secretary-General failed to reinstate her for the purpose of the correct procedure, thereby entitling her to the remedy...
2013-爆料网AT-319, Laeijendecker
爆料网AT considered an application for revision of judgment No. 2011-爆料网AT-158. 爆料网AT held that there was no new fact such as to meet the criteria set out in Article 11 of the 爆料网AT Statute. 爆料网AT held that Mr Laeijendecker sought to re-argue or reopen issues. 爆料网AT held that insofar as Mr Laeijendecker sought interpretation of the impugned judgment, paragraphs 29, 30 and 31 were clear on their face and had to be read in conjunction with paragraphs 27 and 28, and paragraphs 32-35. On the allegation of bias, 爆料网AT held that Mr Laeijendecker’s submissions amounted to no more than completely...
2013-爆料网AT-313, Gehr
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...
2013-爆料网AT-309, Asariotis
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, 爆料网AT found no merit in the ground of appeal related to claimed errors in procedure on the part of 爆料网DT. 爆料网AT held that 爆料网DT’s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the 爆料网DT’s conclusion that the decision to cancel the vacancy announcement was lawful. 爆料网AT held that 爆料网DT was correct in...
2013-爆料网AT-310, Nasrallah
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 爆料网AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 爆料网AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 爆料网AT...
2013-爆料网AT-304, Al Surkhi et al.
爆料网AT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. 爆料网AT held that 爆料网RWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that 爆料网RWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. 爆料网AT upheld the 爆料网RWA DT’s determination as to the limits of its jurisdiction. 爆料网AT...
2013-爆料网AT-293, Gehr
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...
2013-爆料网AT-291, Perelli
爆料网AT considered two appeals by Ms Perelli, against judgment Nos. 爆料网DT/2012/034 and 爆料网DT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, 爆料网AT held that these procedural steps were part of her due process entitlements and, to the extent that 爆料网DT found the Administration to have respected these procedural steps, 爆料网AT upheld the finding of 爆料网DT. 爆料网AT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. 爆料网AT held that Ms Perelli was...
2013-爆料网AT-285, Charles
On the Appellant’s argument that the selected candidate was ineligible for consideration or selection on the basis that his tenure on the roster had expired (as per former administrative instruction ST/AI/2006/3/Rev. 1) and in the absence of specific guidelines, 爆料网AT took note of the human resources practice of recognising as eligible all rostered candidates whose names were on the roster on the date of the opening of the vacancy announcement for the post. 爆料网AT held that 爆料网DT properly concluded that, given the existence of this practice, the successful candidate’s eligibility was covered by...
2013-爆料网AT-280, Applicant
爆料网AT considered two appeals by the Secretary-General of judgment Nos. 爆料网DT/2011/106 and 爆料网DT/2011/192. 爆料网AT held that it was satisfied that the Complainant did not share the Applicant’s desire to pursue a sexual relationship and that the Applicant’s conduct was unwelcome. 爆料网AT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. 爆料网AT held that the Secretary-General had clear...
2012-爆料网AT-272, Abubakr
爆料网AT considered the appeals by the Secretary-General and by Mr Abubakr. Regarding the Secretary-General’s appeal, 爆料网AT agreed with 爆料网DT that the Administration had failed to address Mr Abubakr’s complaint of harassment and discrimination with the required due diligence. 爆料网AT held that 爆料网DT had not erred in law and fact in choosing not to recognize, in any way meaningful, the majority of the actions relied on by the Secretary-General to address Mr Abubakr’s complaints. 爆料网AT held that, by virtue of the “dysfunctional” work of the Panel on Discrimination and Other Grievances (PDOG), Mr Abubakr...
2012-爆料网AT-270, Marshall
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General’s appeal, 爆料网AT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall’s conduct into question. 爆料网AT held that 爆料网DT had erred in law and fact in determining otherwise. 爆料网AT held that there was no basis in law or fact for the pronouncements made by 爆料网DT in paragraphs 112-113 of its judgment. 爆料网AT held that 爆料网DT had applied an unduly restrictive...
2012-爆料网AT-258, Kananura
爆料网AT held that it would not lightly interfere with the 爆料网DT’s exercise of its jurisdictional powers, conferred on 爆料网DT by its Statute, which enables cases to be judged fairly and expeditiously. 爆料网AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 爆料网DT, notwithstanding the alleged breach of procedural fairness. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
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-235, Wilson
To the extent that the 爆料网DT’s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, 爆料网AT upheld the Order. In every other regard, 爆料网AT upheld the arguments made by the Appellant as to the manner in which 爆料网DT granted the withdrawal request. 爆料网AT held that 爆料网DT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant’s motivation in bringing his application. 爆料网AT ordered that the recital of “Facts” in paragraphs 4 to 7 and “Considerations” in...
2012-爆料网AT-232, Cieniewicz
爆料网AT noted that there was no dispute that the Appellant was designated by the Director of OCHA Geneva as Officer-in-Charge (OiC) of the Financial and Administrative Unit, following the reassignment of the holder of the post (a P-5 post) to other functions. 爆料网AT held that 爆料网DT had properly determined that the transfer of the P-5 holder “with his post’’ had the effect that there remained no “vacant’’ or “temporarily vacant’’ post against which the Appellant, albeit performing the functions of the post holder, could point to for the purposes of making the case for payment of a SPA. 爆料网AT held that...
2012-爆料网AT-233, Charles
爆料网AT held that 爆料网DT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC’s power. 爆料网AT held that 爆料网DT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant’s terms of employment “specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM”. 爆料网AT held that 爆料网DT had properly observed that an “incomplete application may therefore be one which is missing...
2012-爆料网AT-221, Simmons
爆料网AT considered Ms Simmons’ appeal and the Secretary-General’s cross-appeal. With respect to Ms Simmons’ claim that 爆料网DT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, 爆料网AT found that 爆料网DT placed undue weight on Ms Simmons’ omissions and/or actions. 爆料网AT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons’ claim that she did not receive full and fair consideration regarding Post 1, 爆料网AT held that 爆料网DT did not...