爆料网

爆料网AT

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2017-爆料网AT-791, Ho

爆料网AT held that the appeal was receivable as the Appellant had partially prevailed before 爆料网DT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, 爆料网AT held that there was no fault in the 爆料网DT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. 爆料网AT held that the Appellant did not demonstrate that the 爆料网DT committed any error...

2017-爆料网AT-792, Chhikara

爆料网AT considered appeals from both the Secretary-General and Mr Chhikara. 爆料网AT held that 爆料网DT erred when it considered that it did not need the missing evidence of the 25 situation questions and their “key” answers, which directly related to the written test which Mr Chhikara failed. 爆料网AT held that, by rejecting Mr Chhikara’s request for the missing evidence and judging the case without it, 爆料网DT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. 爆料网AT noted that the interests of justice and judicial economy may be...

2017-爆料网AT-793, Muhsen

爆料网AT held that the appeal was defective in that it failed to invoke the jurisdiction of 爆料网AT under Article 2(1) of the 爆料网AT Statute by not asserting that 爆料网DT had either exceeded its jurisdiction or competence, failed to exercise its jurisdiction, erred on a question of law, committed an error of procedure, such as to affect the decision of the case, or erred a question of fact, resulting in a manifestly unreasonable decision. 爆料网AT held that the Appellant also failed to comply with the requirements of Article 8(2) of the 爆料网AT RoP by not providing a brief explaining the legal basis of any of...

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.

2017-爆料网AT-795, Rehman

爆料网AT agreed with 爆料网DT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. 爆料网AT found no reason to differ from 爆料网DT’s approach. 爆料网AT supported 爆料网DT’s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. 爆料网AT suggested that 爆料网DT and the Registries...

2017-爆料网AT-780, Muwambi

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT’s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. 爆料网AT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi’s...

2017-爆料网AT-781, Rajan

爆料网AT considered the Secretary-General’s appeal. 爆料网AT dismissed Mr Rajan’s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. 爆料网AT held that the 爆料网DT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. 爆料网AT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. 爆料网AT held that it was Mr Rajan’s responsibility to ascertain that he was providing accurate...

2017-爆料网AT-782, Muindi

爆料网AT held that the summary dismissal decision was unlawful because the due process rights under IMO’s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

2017-爆料网AT-783, Sarrouh

爆料网AT considered an appeal by the Secretary-General which was limited to the 爆料网DT’s award of compensation in lieu of rescission, which he claimed was excessive. 爆料网AT held that since the Secretary-General did not contest Ms Sarrouh’s claim for compensation before 爆料网DT, he could not raise the issue on appeal. 爆料网AT held that 爆料网DT’s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. 爆料网AT held that in the absence of any error of law or manifestly...

2017-爆料网AT-784, Sarrouh

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP’s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. 爆料网AT held that 爆料网DT erred by conducting a de novo assessment of Ms Sarrouh’s performance and exceeded its competence. 爆料网AT held that 爆料网DT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. 爆料网AT held that 爆料网DT erred in...