爆料网

爆料网AT

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2017-爆料网AT-714, Tsoneva

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law when it held that the amendment to Article 10(5)(b) of the 爆料网DT Statute, which requires harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force on the basis that an award of damages takes place at the time the award is made. 爆料网AT noted that applying the amended statutory provision was not the retroactive application of law but rather, it was applying existing law. 爆料网AT held that 爆料网DT erred in law by not...

2017-爆料网AT-741, Mobanga

爆料网AT considered an appeal by the Secretary-General. As a preliminary matter, 爆料网AT noted that both parties agreed that a redaction of name would only be justified if the 爆料网DT’s judgment was affirmed. 爆料网AT held that 爆料网DT erred when it considered that the identification of Mr. Mobanga by the complainant in the photo array was not reliable on the basis that the use of MONUSCO grounds passes in the array may have influenced the complainant. Noting that all of the photos were marked “MONUSCO” and so it did not stand out or influence anyone, 爆料网AT held that the photographs constituted evidence that...

2017-爆料网AT-742, Kallon

爆料网AT considered the Secretary-General’s appeal by a full bench of 爆料网AT. The majority of the judges upheld 爆料网DT’s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for 爆料网DT’s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the 爆料网DT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...

2017-爆料网AT-743, Jean

爆料网AT held that 爆料网DT committed an error of law. 爆料网AT held that the record did not support the finding that the Appellant was notified for the purposes of Staff Rule 11.2(c) during her June 2014 meetings (or any previous ones) with the effect of triggering the time limits thereunder for her request for management evaluation. 爆料网AT noted that the minutes upon which 爆料网DT based its finding were unsigned, undated, and not shared with the Appellant at the time. 爆料网AT noted that the meetings of June 2014 did not have the aim of notification of the administrative decision of the non-renewal of her...

2017-爆料网AT-750, Kagizi et al.

爆料网AT consolidated the 51 appeals into seven groups heard by seven judicial panels, the first group (Kagizi et al. judgment No. 爆料网DT/2016/131) being heard by the full bench. 爆料网AT dismissed the appeals. 爆料网AT confirmed 爆料网DT’s finding that the appellants lacked standing to challenge the non-renewal of their appointments in so far as they were deemed to be a direct challenge against the General Assembly’s decision to abolish the posts. 爆料网AT noted that, while in other aspects, 爆料网DT regarded the applications as receivable and dealt with the merits of the case, those findings were not substantially...

2017-爆料网AT-763, Crotty

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr. Crotty’s application receivable. 爆料网AT held that in light of 爆料网DT’s error in receiving the application, the 爆料网DT’s...

2017-爆料网AT-764, Zachariah

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held the 爆料网DT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. 爆料网AT held that there was no merit to the complaint that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of 爆料网DT to adequately interpret and comprehend the application and that 爆料网DT had the inherent power to...

2017-爆料网AT-765, Fasanella

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held the 爆料网DT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. 爆料网AT held that there was no merit to the complaint that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of 爆料网DT to adequately interpret and comprehend the application and that 爆料网DT had the inherent power to...

2017-爆料网AT-766, Alsado

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Alsado’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s...

2017-爆料网AT-767, Wright

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr Wright’s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Wright’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s...