爆料网

爆料网AT

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2015-爆料网AT-518, Oummih

爆料网AT held that 爆料网DT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. 爆料网AT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. 爆料网AT affirmed 爆料网DT’s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

2015-爆料网AT-519, Ivanov

爆料网AT held that the matter under investigation was closed and the Appellant had not presented any cogent argument to show that there were exceptional circumstances that might otherwise have entitled him to the investigation report. 爆料网AT held that the Appellant was not entitled to receive a detailed copy of the investigation report. 爆料网AT held that there was no evidence to support the argument that 爆料网DT erred on questions of law and fact. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2015-爆料网AT-520, Eng

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT’s legal conclusion that the application was timely was erroneous. 爆料网AT held that the application was not timely and not receivable ratione temporis. 爆料网AT held that 爆料网DT exceeded its competence or jurisdiction in receiving the application and addressing its merits. 爆料网AT granted the appeal and vacated the 爆料网DT judgment.

2015-爆料网AT-521, Amany

On the Appellant’s argument that his non-renewal was a disguised disciplinary measure and that thus, management evaluation was not required, 爆料网AT held that the argument had no merit and that the Appellant could not evade the statutory obligation of management evaluation by characterising the dispute decision as a disciplinary matter. 爆料网AT held that 爆料网DT properly considered the facts and the applicable statutory law and jurisprudence in arriving at its decision that the Appellant’s application was not receivable. 爆料网AT held that, having failed to demonstrate that 爆料网DT committed any error of law...

2015-爆料网AT-522, Munir

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no reason to reverse the finding of 爆料网DT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. 爆料网AT affirmed the 爆料网DT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. 爆料网AT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

2015-爆料网AT-506, Nwuke

爆料网AT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. 爆料网AT held that ST/AI/2003/8 was inapplicable. 爆料网AT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. 爆料网AT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. 爆料网AT held that the impugned decision complied with the legal...

2015-爆料网AT-507, Porter

爆料网AT considered an appeal by the Secretary-General. 爆料网AT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. 爆料网AT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. 爆料网AT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of 爆料网DT, was more proper for consideration once a final judgment has been rendered by 爆料网DT...

2015-爆料网AT-508, Nwuke

爆料网AT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. 爆料网AT held that 爆料网DT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke’s rights. 爆料网AT held that no illegality occurred and that the appointment was entirely within the Administration’s discretion, which was not abusive. 爆料网AT allowed the Secretary-General’s appeal, vacated the 爆料网DT judgment and dismissed Mr Nwuke’s cross-appeal.

2015-爆料网AT-509, Nguyen-Kropp & Postica

爆料网AT considered two appeals by the Secretary-General against three judgments (judgment Nos. 爆料网DT/2013/028, 爆料网DT/2013/029 and 爆料网DT/2013/076). 爆料网AT held that, generally speaking, appeals against a decision to initiate an investigation are not receivable as such a decision is preliminary in nature and does not, at that stage, affect the legal rights of the staff member. 爆料网AT held that initiating an investigation is merely a step in the investigative process and it is not an administrative decision that 爆料网DT is competent to review. 爆料网AT held that 爆料网DT erred on a question of law and exceeded its...

2015-爆料网AT-510, Cobarrubias

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. 爆料网AT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters, with which it would not lightly interfere. 爆料网AT held that 爆料网DT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. 爆料网AT vacated the 爆料网DT judgment.