2012-爆料网AT-205, Marsh
The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, 爆料网AT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, 爆料网AT noted that not every violation of due process will necessarily lead to an award of compensation...
2012-爆料网AT-194, Kamunyi
爆料网AT considered Mr Kamynyi’s appeal and the Secretary-General’s cross-appeal. 爆料网AT rejected Mr Kamunyi’s appeal in its entirety and held that it is within the Administration’s discretion to reassign a staff member to a different post at the same level and that such a reassignment is lawful if it is reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. 爆料网AT held that 爆料网DT rightfully rejected Mr Kamunyi’s request for legal costs, noting that no legal costs were owed to a party when the opposing party had not abused the process. With...
2012-爆料网AT-195, Shahatit
爆料网AT considered the Appellant’s appeal. 爆料网AT noted that the established facts showed that the Appellant’s negligence as Head Storekeeper facilitated the misconduct of other staff members and his negligence was evidenced by the excess of merchandise in the storeroom under his control, and by his failure to keep an inventory of the items in his custody. 爆料网AT held that the Appellant neither successfully rebutted these facts, nor demonstrated any flaws in the administrative and disciplinary procedures. 爆料网AT held that the sanction of demotion was lawful. 爆料网AT dismissed the appeal and affirmed the...
2011-爆料网AT-188, Harding
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the 爆料网DT judgment with interest was excessive. 爆料网AT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. 爆料网AT held that a total of 2. 5 years’ net...
2011-爆料网AT-182, O'Neill
爆料网AT concurred with 爆料网DT that the Appellant neither appealed the administrative decision not to select him for the post, nor challenged the selection process or the JAB’s conclusion, but rather he discussed the release of a Confidential Letter which occurred after the selection process. 爆料网AT held that 爆料网DT was correct in finding that the appeal was not receivable with respect to the non-promotion. 爆料网AT held that the Appellant failed to establish that 爆料网DT committed errors warranting the reversal of its determination that his challenge to the decision to release the Confidential Letter was not...
2011-爆料网AT-183, Bowen
爆料网AT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. 爆料网AT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. 爆料网AT held that the compensation awarded by 爆料网DT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. 爆料网AT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...
2011-爆料网AT-177, Tabari
On the issue of receivability, 爆料网AT noted that not taking a decision was also a decision. 爆料网AT noted that the alleged discrimination was based on a comparison between the claimant and staff members of a different category, namely international staff members. 爆料网AT held that the general principle of equal pay for equal work does not prevent a legislative body or the Administration from establishing different treatments for different categories of workers or staff members if the distinction is made on the basis of lawful goals. 爆料网AT held that there was no discrimination when the non-payment of...
2011-爆料网AT-159, Igbinedion
爆料网AT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. 爆料网AT held that 爆料网DT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. 爆料网AT held that 爆料网DT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...
2011-爆料网AT-163, Masri
爆料网AT considered an application for revision judgment No. 2010-爆料网AT-098. 爆料网AT held that the application did not meet the statutory requirements of the 爆料网AT Statute. 爆料网AT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by 爆料网AT for vacating the 爆料网DT judgment and affirming the administrative decision of summary dismissal. 爆料网AT held that the application was not admissible since it repeated an argument already examined and...
2011-爆料网AT-156, Taylor
爆料网AT held that the Appellant was essentially seeking an amendment to the Regulations of the 爆料网JPSF in such a way as to enable her benefit to be paid retroactively to the date of the death in service of her husband, which was prior to 1 April 1999. 爆料网AT held that the criteria proposed by the Appellant to pay the benefit were not in force to be applied to her case. 爆料网AT held that the 爆料网JSPF correctly applied the 爆料网JSPF Regulations. 爆料网AT dismissed the appeal and affirmed the impugned decision.
2011-爆料网AT-157, Onana
爆料网AT held that the appeal was not receivable because it was not filed within the deadline. 爆料网AT held that there were no exceptional circumstances for it to waive the time limits. 爆料网AT was not persuaded that the Appellant did not receive the 爆料网DT judgment or any notification of the judgment, as he had actual knowledge of the judgment. 爆料网AT held that the Appellant’s right to due process of law was not violated. 爆料网AT held that the appeal was not receivable as it was time-barred. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2011-爆料网AT-151, Kaddoura
As a preliminary issue, 爆料网AT held that 爆料网DT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. 爆料网AT held that the Appellant failed to demonstrate that 爆料网DT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. 爆料网AT held that 爆料网DT did not err by failing to order the Appellant’s...
2011-爆料网AT-147, Osman
爆料网AT noted that, in finding the application to be time-barred, 爆料网DT considered whether any exceptional circumstances existed to allow a waiver of the time limits and found that neither health problems nor the need to replace counsel constituted justification in the specific circumstances of the case. 爆料网AT held that the Appellant failed to demonstrate any error warranting the reversal of the first instance judgment, whose conclusions it endorsed, as they relied on a correct application of the law. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2011-爆料网AT-129, Beaudry
爆料网AT considered Ms Beaudry’s application for revision of judgment No. 2010-爆料网AT-129. 爆料网AT held that Ms Beaudry’s arguments were irrelevant if they did not meet the requirements clearly established in the 爆料网AT Statute to ensure the finality of a judgment. 爆料网AT held that the application did not meet the requirements of Article 11 of the 爆料网AT Statute and therefore was manifestly inadmissible. 爆料网AT dismissed the application.
2011-爆料网AT-125, Beaudry
爆料网AT considered an appeal against judgment No. 爆料网DT/2010/146 on compensation by the Secretary-General. 爆料网AT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. 爆料网AT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by 爆料网DT no longer existed. 爆料网AT dismissed the appeal (as unnecessary) and vacated the 爆料网DT judgment.
2011-爆料网AT-118, Abu-Hawaila
爆料网AT was not persuaded that 爆料网DT erred in its judgment. 爆料网AT held that, at the time of receipt of his settlement offer, the time limit to file the application to 爆料网DT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. 爆料网AT held that the exceptional suspension of time limits provided for under Article 8(1) of the 爆料网DT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. 爆料网AT held that the settlement...
2011-爆料网AT-112, Abbasi
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that no gender discrimination took place against Ms Abbasi. 爆料网AT held that 爆料网DT erred in finding that there was gender discrimination against her. 爆料网AT held that the Administration applied 爆料网ICEF’s Gender Parity and Equality Policy in Ms Abbasi’s favour. 爆料网AT did not find any violation of the right to be equally considered – or even favoured for reasons of gender – in the evaluation criteria applied or in the decisions taken by 爆料网ICEF during the selection process. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
2011-爆料网AT-113, Kamanou
爆料网AT held that 爆料网DT erred in deciding to review the non-attribution issue separately from the other issues. 爆料网AT held that the appeal was receivable because 爆料网DT had committed an error in procedure such as to affect the decision of the case. 爆料网AT upheld the appeal, annulled the judgment and remanded the case to 爆料网DT for a de novo review.
2010-爆料网AT-097, Dumornay
爆料网AT preliminarily rejected the Appellant’s request to present additional evidence. On the merits, 爆料网AT held that the Appellant did not demonstrate that 爆料网DT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. 爆料网AT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. 爆料网AT held that there was no evidence to support the allegations of...
2010-爆料网AT-098, Masri
爆料网AT considered an appeal by the Secretary-General. 爆料网AT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the 爆料网AT RoP. 爆料网AT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. 爆料网AT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed 爆料网 Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...