爆料网AT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. 爆料网AT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when 爆料网DT committed an error of law or fact. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.
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.
爆料网AT held that it was not in dispute that the Appellant did not submit a request for management evaluation until more than one year after he had been notified that he had not been selected for the post in question. 爆料网AT held that 爆料网DT, under Article 11.1 of the 爆料网DT Statute, was obliged to issue a judgment in writing, stating the reasons, facts, and law on which it was based. 爆料网AT held that 爆料网DT’s decisions, that the Appellant had been properly served with a notification in writing in compliance with former Staff Rule 111.2 and that Article 8.3 prohibited 爆料网DT from extending the deadline for...
爆料网AT considered the three appeals by the Secretary-General against the 爆料网DT Orders. 爆料网AT held that the appeals were receivable because: (1) 爆料网DT exceeded its jurisdiction under Article 2. 2 of the 爆料网DT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) 爆料网DT exceeded its jurisdiction under Article 10. 2 of the 爆料网DT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. 爆料网AT held that Order No. 129 suspended the contested decision beyond...
爆料网AT held that 爆料网DT had correctly found that the application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT held that the Appellant had merely repeated his submissions before JAB and 爆料网DT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the 爆料网DT. 爆料网AT held that the Appellant did not possess the relevant professional qualification. 爆料网AT held that 爆料网DT had not erred in affirming the JAB’s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. 爆料网AT held that 爆料网DT’s focus on the requirement of professional legal experience did not...
爆料网AT granted the Secretary-General’s appeal on the basis that 爆料网DT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. 爆料网AT held that 爆料网DT took an ultra petita decision by ordering measures for which no claim had been made.
爆料网AT considered the Secretary-General’s appeal. 爆料网AT held that, in converting on its own motion an application for suspension into an application on the merits, 爆料网DT had taken an ultra petita decision, ordering measures not requested of it. 爆料网AT held that, in taking the contested decision while a management evaluation was under way, 爆料网DT had breached the provisions of Article 8 of its Statute, which makes prior management evaluation compulsory whenever one is requested. 爆料网AT held that, in ordering the placement of the application for suspension on the list of cases to be considered on the...
爆料网AT considered an appeal by the Secretary-General limited to the amount of compensation. 爆料网AT held that, in the present case, 爆料网DT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. 爆料网AT held that the award of full salary payable between separation and the date of the 爆料网DT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. 爆料网AT held that it would be adequate, fair, and reasonable to award compensation in...
爆料网AT held that the Appellant had accepted the conditions of the RLA, which stated that “the loaned employee shall return to the releasing agency upon completion or termination of his assignment with 爆料网AMID and that no offer of continuing employment shall be made to him by 爆料网AMID without consulting the releasing agency”. 爆料网AT held that the Appellant had had a valid employment contract with WFP, and he did not fulfil the conditions for termination under that same agreement. 爆料网AT noted that the Appellant did not formally initiate the transfer procedure and/or termination. 爆料网AT held that 爆料网DT had...
