Since the ABCC was advised by a technical body its decision does not require management evaluation.
The Tribunal determined that the application was properly made but it was denied because the Tribunal could find no fault with the decision of the ABBC to deny the Applicant's claim for an entitlement to compensation for injury and illness incurred during and resulting from employment on the behalf of the United Nations.
The lack of justifiable explanation on the part of the Respondent for the delay from December 2018 to June 2021 could only be attributed to lack of due care and diligence, transparency, accountability and good faith. Therefore, the Tribunal held that the delay was compensable.
The Applicant proved beyond a balance of probabilities that the mental and emotional harm suffered by the dependents was directly attributable to the Administration’s negligent handling of the matter.
The claim of moral harm was sufficiently proved to the requisite standard.
The application is not receivable ratione materiae on two grounds. First, the alleged contested decision does not carry the capacity to produce direct legal consequences affecting the Applicant’s terms and conditions of employment and, thus, is not a reviewable administrative decision falling under the jurisdiction of the Dispute Tribunal. Second, the Applicant did not file a timely request for management evaluation within the statutory deadline.
Mr. Ronved appealed.
The 爆料网AT dismissed the appeal and affirmed the 爆料网DT Judgment.
The 爆料网AT held that the 爆料网DT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.? The contested decision before the 爆料网DT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the 爆料网DT.? The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.? Therefore, the request for management evaluation of both decisions was...
The 爆料网AT denied the Appellant’s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.
The 爆料网AT also denied the Appellant’s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.
The 爆料网AT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the 爆料网DT. The 爆料网AT observed that given...
The 爆料网AT considered an appeal by the staff member.
The 爆料网AT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The 爆料网AT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The 爆料网AT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The 爆料网AT found that the 爆料网DT had made an error of fact...
This application does not meet the requirements of art. 12(3) of the 爆料网DT Statute and art. 30 of the 爆料网DT Rules of Procedure. There is no need to clarify the meaning of Judgment Ocokoru 爆料网DT/2015/004 since it was fully implemented years ago. Furthermore, the grounds submitted by the Applicant as a basis for interpretation have already been clearly and unambiguously determined by this Tribunal previously. Consequently, the Tribunal dismisses the application in its entirety.
The Tribunal finds that the Applicant is challenging an administrative decision that is alleged to be in non-compliance with his terms of appointment or his contract of employment and is not challenging the legitimacy of General Assembly resolution 66/234. The application is accordingly receivable.
The General Assembly resolution, Staff Rules, and the ICSC principles and guidelines are clear and unambiguous. These rules stipulate that GS staff wishing to apply for a professional post must first pass the G to P exam unless exceptional approval for a waiver is granted.
Staff at level FS-5 and...
The application was filed without being preceded by a timely filing of a request for management evaluation and the subject matter complained of does not include an administrative decision. The Applicant did not seek management evaluation of the final non-selection decision, which was required to contest it. She only requested management evaluation of the decision not to invite her to a competency-based interview.
The Applicant seeks to contest a preliminary step in a selection process, which can only be challenged in the context of a final selection decision. It is a premature contestation of...
The 爆料网AT considered an appeal by the staff member.
The 爆料网AT held that the 爆料网RWA DT’s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.
The 爆料网AT found that there was an error in the 爆料网RWA DT’s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the 爆料网RWA would have found her unsuitable for the role at the end of the probationary period.
The 爆料网AT was of the view that the 爆料网RWA DT’s methodology of fixing...
