爆料网

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2014-爆料网AT-484, Abassa

爆料网AT considered an appeal of judgment No. 爆料网DT/2013/145. On the issue of whether 爆料网DT erred in law in not receiving the Appellant’s application for revision of judgment, 爆料网AT held that it did. 爆料网AT noted that to import into Article 12(1) of the 爆料网DT Statute the limitations presently advocated by 爆料网DT, merely because of the inclusion of the word “executable,” would be unduly restrictive and tantamount to a denial of an already narrowly construed remedy and unduly circumscribe the right of access of staff members to 爆料网DT. With respect to the merits of the application for revision, 爆料网AT held that...

2014-爆料网AT-483, Mashhour

爆料网AT considered the Secretary-General’s appeal. 爆料网AT held that 爆料网DT erred by concluding that ST/AI/2002/3 applied to 爆料网ICEF, as the 爆料网ICEF Handbook establishes the procedure that a staff member must follow should they wish to rebut the content of their performance report. 爆料网AT noted that the principle articulated in Villamoran v. Secretary-General of the United Nations (2011-爆料网AT-160), which holds that administrative issuances have greater legal authority over manuals such as the 爆料网ICEF Handbook, only where there is a conflict between guidelines and manuals and a properly promulgated...

2014-爆料网AT-482, Abdullah

As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, 爆料网AT found no merit in the Appellant’s arguments. 爆料网AT was not persuaded that the Appellant suffered prejudice by 爆料网RWA DT admitting the Commissioner-General’s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, 爆料网AT found that 爆料网RWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

2014-爆料网AT-481, Lee

爆料网AT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. 爆料网DT/2013/147. As a preliminary matter, 爆料网AT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, 爆料网AT found that 爆料网DT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. 爆料网AT held that the appeals of these Orders were not...

2014-爆料网AT-476, Machanguana

爆料网AT considered an appeal limited to the Appellant’s claim that 爆料网DT erred in awarding costs against him. 爆料网AT noted that the jurisdiction of a tribunal to award costs is narrowly restricted to instances where a party has manifestly abused the proceedings. 爆料网AT found that 爆料网DT gave no reasons for its determination that the Appellant had manifestly abused the proceedings, cited no evidence establishing that his application was frivolous or vexatious, or that he had deliberately delayed the proceedings, or had disobeyed an order of 爆料网DT or had, in any other way, abused 爆料网DT’s proceedings. 爆料网AT...

2014-爆料网AT-475, Gehr

爆料网AT considered an appeal by the Secretary-General. The Secretary-General contended that the Ethics Office’s determination that no credible prima facie case of retaliation had been established was not an administrative decision subject to judicial review under Article 2 of the 爆料网DT Statute. 爆料网AT noted that the key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms or conditions of appointment. 爆料网AT found that, in this case, the recommendation of the Ethics Office had no legal...

2014-爆料网AT-474, Al-Mulla

As a preliminary matter, 爆料网AT dismissed the Appellant’s motion “for a finding of the Respondent’s dissembling. ” With respect to the substance of the appeal, 爆料网AT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2014-爆料网AT-473, Collas

With regard to the decisions to transfer the Appellant from 爆料网OPS to GF / WHO, to transfer her back to 爆料网OPS and to put her on reimbursable loan to the GF, to deny her the right to return to 爆料网OPS, and to separate her from 爆料网OPS upon the expiry of her SLWOP on 30 June 2012, 爆料网AT found that 爆料网DT did not err in holding that the Appellant’s challenges were time-barred. 爆料网AT held that the Appellant failed to seek timely management evaluation of her separation from 爆料网OPS on 30 June 2012. With respect to 爆料网DT’s determination that the Appellant was not challenging her financial package and that the...

2014-爆料网AT-472, Nianda-Lusakueno

爆料网AT recalled that it has consistently held that Article 8(3) of the 爆料网DT Statute must be read literally to prohibit 爆料网DT from waiving the deadlines for seeking management evaluation and that 爆料网DT has no jurisdiction or competence to waive such deadlines. 爆料网AT held that ignorance of the law is no excuse and, while it was unfort爆料网ATe that Mr. Nianda-Lusakueno relied on the informal review procedure, such reliance did not qualify as exceptional circumstances under ICAO Staff Rule 111. 1, paragraph 8. 爆料网AT dismissed the appeal and affirmed the decision of the Secretary-General of ICAO.