爆料网AT noted that the Appellant was asked to present updated medical information to support her request for a review of her case and failed to do so. 爆料网AT held that no prejudice existed against the Appellant, since she had an opportunity to present updated medical evidence within the scope of the review of her case. 爆料网AT dismissed the appeal and affirmed the Standing Committee decision.
爆料网AT considered the Appellant’s appeal and found that she did not demonstrate that her request for an extension of time was reasonable. 爆料网AT found that the evidence about negotiations being contemplated, needed, or underway was previously refuted on appeal. 爆料网AT noted that the Appellant had the time and the assistance of legal counsel to advance her application and did not avail herself of those opportunities. 爆料网AT accordingly dismissed the appeal.
爆料网AT considered the appeal and affirmed 爆料网JSPF’s decision. 爆料网AT found that 爆料网JSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, 爆料网AT found it unnecessary to address the additional reliefs sought by the Appellant. 爆料网AT accordingly affirmed 爆料网JSPF’s decision to award the widow’s benefit to the former staff member’s first wife and denied all reliefs...
The former staff member appealed and 爆料网AT considered whether he could compel 爆料网ICEF to pay to the Fund its contribution without making the corresponding contribution himself. 爆料网AT found that, as the former staff member’s secondment was with the World Bank, he should have availed himself of the provisions of Article 13 of the 爆料网JSPF Regulations relating to the transfer of pension rights and he failed to do so. Under these circumstances, 爆料网AT noted that if the former staff member made his own contribution to the Fund, 爆料网ICEF would have been duty-bound to make its corresponding contribution...
On appeal, the Appellant asserted that the Commissioner-General erred in not following the JAB’s recommendation. 爆料网AT held that the JAB did not assess the totality of the evidence when making its recommendation. 爆料网AT specifically held that the JAB’s recommendation that no clear policy or instruction prevented the Appellant from giving the individual the authorization to use the DSA Facility did not take into account that there was a clear policy to inform his supervisors, which the Appellant failed to do. 爆料网AT accordingly dismissed the appeal.
爆料网AT confirmed the 爆料网JSPB’s interpretation of Article 24 of the Regulations to the effect that the 2007 amendment to Article 24 of the 爆料网JSPF Regulations only applies to staff members who prior to 2007 had been ineligible to restore previous contributory service. 爆料网AT held, therefore, that the amended Article 24 did not apply to the staff member as he had been eligible to restore previous contributory service but had failed to do so in a timely manner.
In reviewing the Appellant’s appeal, 爆料网AT found that the decision to terminate the Appellant’s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. 爆料网AT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. 爆料网AT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...
爆料网AT preliminarily held that the appeal was time-barred. 爆料网AT held that even if the appeal was not time-barred, it would be dismissed on merits. 爆料网AT was satisfied that the established facts showed that the Appellant engaged in misconduct warranting a disciplinary measure. 爆料网AT held that the imposed sanction was proportionate to the offence. 爆料网AT further held that the Appellant did not demonstrate any violation of her due process rights. 爆料网AT dismissed the appeal and affirmed the impugned decision to demote the Appellant.
爆料网AT considered the Secretary-General’s appeal. 爆料网AT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. 爆料网AT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. 爆料网AT accordingly held that 爆料网AT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant’s...
爆料网AT preliminarily denied the Appellant’s request for an oral hearing, determining that there was no need for further evidence, and then considered the appeal. 爆料网AT held that the minor errors in the promotion process prejudiced no one’s rights, especially in that, while it is much better practice to do so, the Appellant cited no authority requiring the listing of the exact number of positions available in the vacancy announcement. 爆料网AT also affirmed the findings of fact by 爆料网DT, including that the Appellant well knew the numbers of vacancies, and there was no individual prejudice to him in the...
