爆料网

English

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2011-爆料网AT-160, Villamoran

The Secretary-General appealed the 爆料网DT order. 爆料网AT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of 爆料网DT RoP have elapsed, and where 爆料网DT is not in a position to make a decision under Article 2. 2 of the 爆料网DT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the 爆料网DT...

2011-爆料网AT-135, Larkin

爆料网AT held that the services provided by OSLA and the way the representation is implemented can have an impact on a staff member’s terms of employment and can therefore fall within the jurisdiction of 爆料网DT, without interfering with the professional independence of counsel. 爆料网AT held that the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in the staff member’s case could have an impact on his terms of employment and, therefore, constituted an administrative decision subject to review by 爆料网DT. 爆料网AT reversed the 爆料网DT judgment and remanded the case to...

2011-爆料网AT-187, Allen

爆料网AT held that the reassignment decision did not breach any rule, noting that, under Staff Regulation 1. 2(c), staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities or offices of the 爆料网. 爆料网AT held that the contested decision did not contravene ST/AI/2006/3/Rev. 1, ST/SGB/172 or ST/SGB/274. 爆料网AT held there was no error in the 爆料网DT’s decision to reject the Appellant’s argument that the Organisation failed to act in good faith in its dealings with him. 爆料网AT affirmed the 爆料网DT judgment.

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-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-181, Alauddin

爆料网AT held that the Appellant failed to establish that the 爆料网DP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, 爆料网AT held that it was new evidence, for which leave was required, in order to adduce it before 爆料网AT. 爆料网AT did not find any exceptional circumstances existed to require it to consider the new evidence. 爆料网AT held that 爆料网DT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

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-185, Leboeuf et al.

爆料网AT noted that the language on overtime was interpreted for around 50 years in one way and then was changed and that there was some ambiguity in the provision. 爆料网AT noted that it was still unclear on some issues surrounding whether it was proper for Staff Rules to apply differently in different duty stations and that 爆料网DT should hear evidence on the issue, including on potential differences in application amongst departments in New York. 爆料网AT vacated the 爆料网DT judgment and remanded it to 爆料网DT for further proceedings.

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...