爆料网

English

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爆料网DT/2015/093, Kashala

The Tribunal found that the facts on which the sanction was based had not been established and the facts that were established did not legally amount to misconduct. Consequently, the Tribunal concluded that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore a violation of his rights. Witness statements: The Tribunal concluded that the witness statements without averments of truthfulness could not constitute clear and convincing evidence that the Applicant solicited and obtained money from the five complainants in return for their recruitment as casual daily...

爆料网DT/2015/094, Torkornoo

Consolidation of applications: The Tribunal concluded that consolidation would not have any effect on the parties’ rights as the two applications are virtually identical and each party will have the opportunity to have its case fully considered both as to receivability and on the merits albeit in one judgment. Receivability of the classification decision: Noting that Fuentes 爆料网DT-2010-064 and Fuentes 2011-爆料网AT-105 confirm that a failure to decide an appeal against classification of a post encumbered by the Applicant is an administrative decision which may be subject to review by the Tribunal...

爆料网DT/2015/088, Masylkanova

The 爆料网DT found, on the one hand, that 爆料网AMA decision to close the case given the conclusions of the investigation constituted a valid exercise of discretion by the Administration, and that the Organization did not breach the Applicant’s rights by not sharing the full investigation report with her. On the other hand, the Tribunal found that 爆料网AMA failed to take diligent action with respect to the Applicant’s complaint and that it incurred inordinate delays both in reviewing and assessing the Applicant’s complaint and in setting up a fact-finding panel and conducting the investigation into her...

爆料网DT/2015/089, Al Abani

Receivability: Confirmative decisions do not reset the clock with respect to statutory time limits; however, if, despite having issued an earlier decision denying benefits, 1) the Organization undertakes a new verification procedure under the terms of the applicable rules at the time of said earlier decision (in this case ST/SGB/2013/4), 2) that process is not finalized, and 3) a subsequent decision denying benefits is taken under a new set of rules (in this case ST/SGB/2003/14/Rev. 1), the latter decision constitutes a new, final decision, and statutory time limits start to run anew. Non...

爆料网DT/2015/091, Al-Badri

Abolishment of the Applicant’s post: The Tribunal concluded that the Applicant’s post in Jordan was indeed abolished and that the abolition was part of a genuine organizational restructuring. The Tribunal also concluded that the Administration acted fairly, justly and transparently in dealing with its staff members when they had to move back to Baghdad. The Applicant was provided with sufficient and written notice of the Respondent’s restructuring strategy.

爆料网DT/2015/092, Syrja

The Respondent asserted that the Application is not receivable because the Applicant was required to request management evaluation since the contested decision was not taken pursuant to the advice of a technical body under staff rule 11.2(b). The Tribunal found the Application to be receivable. 爆料网CB as a technical body: The Tribunal concluded that an earlier determination from MEU to another staff member regarding the status of 爆料网CB (Determination A) represents the decision of the Secretary-General that 爆料网CB is a technical body for the purpose of staff rule 11.2(b) until or unless it is...