爆料网AT held that the Appellant did not indicate any errors on the part of 爆料网RWA DT that would require a reversal of its judgment. 爆料网AT held that there was no error in 爆料网RWA DT’s finding. 爆料网AT held that the Appellant did not comply with the filing deadlines. 爆料网AT held that 爆料网RWA DT did not commit any error when it determined that the application before it was not receivable as it was time-barred. 爆料网AT dismissed the appeal.
爆料网AT rejected the request for an oral hearing since the factual and legal issues arising from the appeal had already been clearly defined. 爆料网AT found no error in 爆料网DT’s judgment that the application was not receivable ratione materiae. 爆料网AT dismissed the appeal and affirmed the 爆料网DT summary judgment.
爆料网AT preliminarily rejected the Appellant’s motion for leave to file additional pleadings after finding no exceptional circumstances justifying the filing of an additional submission. With respect to the alleged error of procedure in 爆料网DT’s proceedings by way of summary judgment, 爆料网AT held that 爆料网DT’s issuance of summary judgment was appropriate since there was no dispute about the material facts and that the question of receivability is a matter of law. 爆料网AT also held that the Appellant did not meet her burden of proving that 爆料网DT made an error of procedure when it decided to issue a summary...
爆料网AT considered the Secretary-General’s appeal, specifically whether General Assembly resolutions 63/250 and 65/247 apply to staff in the General Service category, and whether Staff Rules 4.14(b) and 4.16(b) apply to staff at the General Service level. With respect to the first issue, 爆料网AT found no error in 爆料网DT’s reasoning that Paragraph 23 of section II of General Assembly resolution 63/250 and Paragraph 50 of section VI of General Assembly resolution 65/247 include two categories of staff members in the United Nations Secretariat who have the right to be granted a continuing appointment...
爆料网AT considered the Secretary-General’s appeal and found that 爆料网DT erred in law and fact by awarding a remedy to Mr Nwuke. 爆料网AT held that the violation of Mr Nwuke’s due process rights did not, in and of itself, entitle him to an award of damages and that there was no evidence of any pecuniary loss or harm suffered by Mr Nwuke as a result of said violation. Moreover, 爆料网AT held that not every violation of a staff member’s right will necessarily lead to an award of compensation and there are no legal grounds that can justify such an award when no actual prejudice is found. 爆料网AT accordingly...
爆料网AT considered the Secretary-General’s appeal, which was limited to a challenge of 爆料网DT’s method of calculating the compensation awarded to Mr Nyasulu as an alternative to the rescission. 爆料网AT noted that Mr Nyasulu presumably had no objection to the compensation being re-calculated, as he did not rebut the appeal. 爆料网AT found that it had no option but to remand the case as, in order to rule on the Secretary-General’s request, it would first need to be satisfied that 爆料网DT’s calculation of compensation in lieu of rescission was not correct. 爆料网AT held that that could not be done because 爆料网DT gave...
爆料网AT held that 爆料网DT had violated the Appellant’s due process rights by not rendering a fully reasoned judgment and had thus committed an error in procedure such as to affect the decision of the case. 爆料网AT held that 爆料网DT should have examined and stated in its judgment whether there was clear and convincing evidence that the Appellant continued to fight in a severe manner causing physical injury. 爆料网AT held that 爆料网DT should have addressed the question as to whether there was clear and convincing evidence that the Appellant had used physical force against a driver in April 2013, especially since...
爆料网AT rejected the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. 爆料网AT denied the motion seeking leave to file additional pleadings/evidence, finding there were no exceptional circumstances that would warrant the granting of the motion. 爆料网AT held that the appeal on the suspension without pay was not receivable since the Appellant had failed to observe the time limits. Regarding the receivability of the letter requesting reconsideration of the summary dismissal, 爆料网AT held that it would not admit evidence that had been known to the...
爆料网AT considered the appeal, specifically whether 爆料网DT correctly concluded that the Appellant’s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation of the contested administrative decision before filing his application with 爆料网DT. 爆料网AT noted that requesting management evaluation is a mandatory first step in the appeal process and held that the Appellant’s argument that there are no instructions in which form management evaluation should be requested had no merit. 爆料网AT noted that staff members are presumed to know the regulations and rules...
爆料网AT held that both the ASC and APD bestow discretion on the Agency to pay an AAA. 爆料网AT held that the two instruments, the ASC and the APD, were easily reconcilable. 爆料网AT held that the ASC deals with the specific situation where an Area staff member acts in an International professional post, while the ADP deals with all other cases of acting appointments. 爆料网AT held that there was no manifest intention or inevitable construction that the Agency intended to abrogate the specific policy in the ASC. 爆料网AT held that 爆料网RWA DT was correct in its finding that the ASC had not been implicitly abrogated...
