爆料网

English

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2010-爆料网AT-087, Liyanarachchige

爆料网AT held that 爆料网DT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. 爆料网AT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before 爆料网AT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. 爆料网AT ordered rescission of the contested decision to summarily dismiss the staff...

2010-爆料网AT-085, Beaudry

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. 爆料网AT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. 爆料网AT...

2010-爆料网AT-078, Zhang

爆料网AT noted that, even though it found the case non-receivable, 爆料网DT undertook a final review of the Appellant’s allegations and that the case failed on the facts. 爆料网AT held that 爆料网DT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. 爆料网AT held there was no basis to disagree with 爆料网DT. 爆料网AT dismissed the appeal.

2010-爆料网AT-079, Sethia

爆料网AT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. 爆料网AT held that 爆料网DT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-爆料网AT-036)). 爆料网AT held that 爆料网DT erred in law in applying the decision in Rosca (爆料网DT/2009/052), which was disproved by 爆料网AT in Costa, but that the error did not affect the outcome...

2010-爆料网AT-062, Bertucci

The Secretary-General filed appeals against 爆料网DT Orders. 爆料网AT determined that, generally, only appeals against final judgments are receivable. 爆料网AT noted that an interlocutory appeal is receivable exceptionally in cases where 爆料网DT has clearly exceeded its jurisdiction or competence. 爆料网AT held that it would not interfere lightly with the broad discretion of 爆料网DT in the management of cases. Further, 爆料网AT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before 爆料网DT could seldom proceed if either party were able to appeal interlocutory...

2010-爆料网AT-084, Sanwidi

As a preliminary matter, 爆料网AT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General’s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. 爆料网AT held that 爆料网DT, in exercising judicial review, may interfere with the exercise of the Secretary-General’s discretion in disciplinary proceedings against a staff member on the ground...

2010-爆料网AT-080, Streb

爆料网AT held that 爆料网DT adequately applied the appropriate principles set out in the former 爆料网 Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. 爆料网AT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division’s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, 爆料网AT agreed with 爆料网DT that it would have been...

2010-爆料网AT-082, Castelli

爆料网AT held that 爆料网DT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that 爆料网DT had erred in setting the interest rate at 8 per cent. 爆料网AT held that both 爆料网DT and 爆料网AT must have the power to award interest in the normal course of ordering compensation. 爆料网AT affirmed the 爆料网DT judgment and Order No. 30 to the extent that 爆料网DT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).

2010-爆料网AT-083, Ihekwaba

爆料网AT observed that the Appellant did not challenge the reasoning of 爆料网DT, but appealed on the ground that the administrative policy in place should be changed because she was promoted but her gross income was reduced. 爆料网AT noted that the Appellant’s pay calculations also took into account other deductions and increases such that her net income increased. 爆料网AT held that the real issue before it was whether 爆料网DT made a reversible error in fact or law such that it must allow the appeal. 爆料网AT noted that the Appellant did not disagree that, on its face, the calculations of her salary were made...