爆料网

English

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2013-爆料网AT-374, Koutang

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it could not sustain the conclusion of 爆料网DT that Mr Koutang’s actions did not amount to misconduct. 爆料网AT held that the sanction imposed was not unreasonable, absurd, or disproportionate and, as such, 爆料网AT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters. 爆料网AT held that 爆料网DT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment.

2013-爆料网AT-377, Balinge

爆料网AT held that 爆料网DT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. 爆料网AT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of 爆料网AT. Noting that the Appellant relied upon the statements and observations which he had brought before 爆料网DT, 爆料网AT noted that a litigant’s past allegations and arguments cannot be considered evidence per se. 爆料网AT held that it was not the task of 爆料网DT (or 爆料网AT)...

2013-爆料网AT-364, Nyambuza

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by 爆料网DT. 爆料网AT held that 爆料网DT’s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...

2013-爆料网AT-366, Abu Ghali

On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, 爆料网AT agreed with 爆料网RWA DT’s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, 爆料网AT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. 爆料网AT recalled the jurisprudence of the former 爆料网 Administrative Tribunal that different onuses and burdens of proof arise under...

2013-爆料网AT-367, Cranfield

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in its determination. 爆料网AT held that there was no legal basis for 爆料网DT to bind the Administration to a 90-day statutory time limit. 爆料网AT held that it was not necessary to remand the case to 爆料网DT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 爆料网AT held that as of 30 June 2009, 爆料网AT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...

2013-爆料网AT-368, Roig

爆料网AT agreed with 爆料网DT that the request for management evaluation was time-barred and not receivable. 爆料网AT held that the 60-day time limit for the purpose of requesting management evaluation of a non-selection decision started on 29 October 2010, when the staff member was informed of her non-selection, and not on 17 December 2010, when she learned of the identity of the selected candidate. 爆料网AT held that there was no second administrative decision that reset the time limit; rather, the staff member learning the identity of the selected candidate was a consequence of the administrative decision...

2013-爆料网AT-369, Darwish

爆料网AT affirmed the 爆料网RWA DT decision that the application was not receivable as consistent with 爆料网RWA Area Staff Rule 111. 2 and Article 8 of the 爆料网RWA DT Statute. On alleged errors in procedure, 爆料网AT noted that the Appellant had no opportunity to challenge the untimeliness of the Commissioner-General’s reply before 爆料网RWA DT, but that, since the Appellant had not demonstrated how the untimely reply affected 爆料网RWA DT’s decision on receivability, 爆料网AT found no merit on this ground. 爆料网AT held that there was no error in 爆料网RWA DT’s reasoning on the issue of EVR. 爆料网AT held that, absent an appealable...

2013-爆料网AT-370, Bi Bea

爆料网AT vacated 爆料网DT’s award of CHF 5,000. 爆料网AT held that, while 爆料网DT had the power to award costs for manifest abuse of proceedings before JAB, 爆料网DT erred in finding that the Secretary-General’s delay in responding to the JAB report constituted a manifest abuse of proceedings. 爆料网AT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. 爆料网AT held that, before 爆料网DT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...

2013-爆料网AT-365, Gehr

爆料网AT held that 爆料网DT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. 爆料网AT held that 爆料网DT, in reaching its decision, correctly assessed the publication of the President’s Order against the definition of an administrative decision and was correct in finding that both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on...

2013-爆料网AT-363, Chaaban

爆料网AT held there was no error in the 爆料网RWA DT’s finding that the application was time-barred. 爆料网AT held that 爆料网RWA DT has, in principle, the discretion to accept 爆料网RWA’s late reply in circumstances where 爆料网RWA has not filed a motion seeking leave to do so and without proprio motu ordering 爆料网RWA to file a reply. Noting the Administration’s reply was due before the transitional period into the new system of justice began, 爆料网AT held that 爆料网RWA DT erred when it granted a waiver of time after an excessive period of time had passed which was based on inaccurate facts and an invalid reason. 爆料网AT held...