爆料网

English

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2013-爆料网AT-340, Dannan

爆料网AT held that the appeal was not based on any of the required grounds. 爆料网AT held that 爆料网RWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. 爆料网AT held that 爆料网RWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. 爆料网AT agreed with 爆料网RWA DT’s observation that it was not enough for the Appellant to merely allege favouritism and yet...

2013-爆料网AT-341, Appellee

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by the staff member. 爆料网AT concurred with the former 爆料网 Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member’s fixed-term appointment was not unlawful. 爆料网AT agreed with the 爆料网DT’s finding that the staff member had suffered no material harm from the series of renewals for short...

2013-爆料网AT-342, Manco

爆料网AT considered two appeals by the Secretary-General of judgment Nos. 爆料网DT/2012/104 and 爆料网DT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, 爆料网AT affirmed the 爆料网DT judgment on receivability. On the merits, 爆料网AT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...

2013-爆料网AT-343, Larghi

爆料网AT determined that by refusing to review the staff member’s request, the 爆料网JSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose “is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ‘aberrant results’ or the situation where no up-to-date CPI data is available”. 爆料网AT upheld the appeal, vacated the decision of the Standing Committee of the 爆料网JSPB to reject the staff member’s request that the 爆料网JSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...

2013-爆料网AT-357, Baig et al.

爆料网AT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. 爆料网AT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, 爆料网AT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

2013-爆料网AT-358, Longone

爆料网AT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...

2013-爆料网AT-344, Pio

爆料网AT held that there was no merit to the Respondent’s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant’s request. 爆料网AT held that the matters could be raised by 爆料网JSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. 爆料网AT held that the Respondent’s arguments that the Appellant’s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. 爆料网AT held that the impugned decision was, in effect, a failure by the...

2013-爆料网AT-337, Leal

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that grounds existed to discharge Mr Leal for misconduct, without needing to address the issue of the alleged circumvention of the recruitment process for the purposes of hiring. 爆料网AT held that the misconduct and disciplinary measure of dismissal fell within the discretion of the Secretary-General and could not be seen as disproportionate to the offences unless it was the result of proven abuse or arbitrary exercise of that discretion. 爆料网AT held that the key elements of Mr Leal’s due process were met. 爆料网AT held that, since the...

2013-爆料网AT-334, Konate

爆料网AT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by 爆料网DT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of 爆料网FPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the 爆料网FPA Headquarters Contracts Review Committee, in violation of further norms. 爆料网AT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. 爆料网AT held that 爆料网DT correctly declined to accept...

2013-爆料网AT-338, Dzuverovic

爆料网AT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic’s appeal, 爆料网AT held that 爆料网DT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General’s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by 爆料网DT, 爆料网AT held that the approach of 爆料网DT did not merit the remedy...