爆料网

English

Showing 1621 - 1630 of 4321
2017-爆料网AT-803, Kalashnik

爆料网AT held that a response (or non-response) to a request for management evaluation is a decision or action of a complementary nature, lacking in the qualities of finality and consequence, and thus will not constitute an administrative decision that is alleged to be in non-compliance with the terms of appointment or contract of employment as contemplated in Article 2(1) of the 爆料网DT Statute. 爆料网AT held that 爆料网DT did not err in its finding that the application was not receivable ratione materiae and that it hence lacked jurisdiction.

2017-爆料网AT-802, Riecan

爆料网AT considered an appeal from the Secretary-General. 爆料网AT held that 爆料网DT did not correctly apply the law in considering Mr Riecan’s challenge to the selection for the post and made errors of law and fact in accepting the staff member’s application. On the 爆料网DT’s finding that there was a duty of the assessment panel in the course of a selection process to consider the e-PAS reports of the candidate and reflect that consideration in its own report, 爆料网AT held that (1) 爆料网DT did not make reference to a specific provision providing for this duty; (2) the fact that the panel did not take into...

2017-爆料网AT-796, Porter

爆料网AT considered the appeal of the Secretary-General. 爆料网AT held that the paragraphs of the 爆料网DT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. 爆料网AT held that 爆料网DT erred in law in holding that the application for interpretation was receivable. 爆料网AT held that 爆料网DT should have dealt with the claim for interest in its judgment, but it omitted to do so. 爆料网AT held that 爆料网DT exceeded its competence by wrongly applying Article 12(3) of the 爆料网DT Statute to alter the substance of its final ruling by...

2017-爆料网AT-797, Benamar

爆料网AT rejected the Appellant’s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by 爆料网DT (by audio conference) as verified by 爆料网AT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist 爆料网AT with the expeditious and fair disposal of the case. On the Appellant’s motion for additional hearings, 爆料网AT held that the documents contained arguments already submitted, although phrased differently, and no...

2017-爆料网AT-798, Dibs

On the decision to postpone the separation on medical grounds, 爆料网AT noted that a staff member had a right to be compensated for a service-incurred injury. 爆料网AT found that 爆料网RWA DT erred in law in determining the decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), 爆料网AT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, 爆料网RWA DT...

2017-爆料网AT-800, King

爆料网AT held that the appeal was not receivable ratione temporis, as he did not file it within the prescribed time limits. 爆料网AT noted that even if the Appellant had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred by Article 7.4 of the 爆料网AT Statute and was therefore not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2017-爆料网AT-804, Fitsum

爆料网AT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. 爆料网AT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2017-爆料网AT-801, Faye

爆料网AT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the 爆料网SPC once they met the prerequisites for election, which they did. 爆料网AT held that both staff members were duly elected members of the 爆料网SPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. 爆料网AT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as elected...

2017-爆料网AT-799, Bourne

爆料网AT dismissed the appeal as not receivable, as the Appellant had failed to request a review of the 爆料网JSPF decision before appealing to 爆料网AT. 爆料网AT remanded the matter for a hearing before the Standing Committee, treating the appeal as if correctly and timely filed as a request for decision review.

2017-爆料网AT-794, Afeworki

Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, 爆料网AT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. 爆料网AT held that 爆料网DT erred in its findings that the Application was not receivable. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the case to 爆料网DT for consideration on the merits.