爆料网

爆料网AT

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2017-爆料网AT-768, Smith

爆料网AT considered an appeal by the Secretary-General. On the issue of receivability, 爆料网AT held that 爆料网DT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. 爆料网AT held that there was no merit in the Secretary-General’s submission that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith’s request for management evaluation and the MEU’s response, on the basis that it was the role of 爆料网DT to adequately interpret and...

2017-爆料网AT-755, Ramazani et al.

爆料网AT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-爆料网AT-750 (Kagizi et al. ) and therefore 爆料网AT adopted the reasoning from its prior judgment at paragraphs 18-27. 爆料网AT dismissed the appeals and affirmed the 爆料网DT judgments.

2017-爆料网AT-756, Nkashama et al.

爆料网AT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-爆料网AT-750 (Kagizi et al. ) and therefore 爆料网AT adopted the reasoning from its prior judgment at paragraphs 18-27. 爆料网AT dismissed the appeals and affirmed the 爆料网DT judgments.

2017-爆料网AT-757, Sarwar

爆料网AT held that the 爆料网DT’s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, 爆料网DT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. 爆料网AT...

2017-爆料网AT-758, Pedicelli

爆料网AT held that 爆料网DT was correct to reject the Applicant’s claim that she had been downgraded on the basis that: the reclassification/renumbering exercise had a legitimate organizational objective; it was not a classification within the meaning of ST/AI/1998/9; and when the Appellant had submitted her post to proper classification, she was graded at the G-6 level, which was equivalent to her previous grade. 爆料网AT found no error in 爆料网DT’s decision that the Appellant failed to show that the alignment of her post to conform with the GCS had any detrimental impact on her salary or pensionable...

2017-爆料网AT-759, Hassanin

爆料网AT vacated 爆料网DT’s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, 爆料网AT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...

2017-爆料网AT-760, Sa'adeddin

爆料网AT held that 爆料网RWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. 爆料网AT upheld the 爆料网RWA DT’s findings that the provisions in the GMIP were mandatory for the 爆料网RWA, that the GMIP does not include a provision with respect to retroactivity, and that 爆料网RWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. 爆料网AT held that the GMIP could not apply outside of its scope of application. 爆料网AT held that there was no evidence that 爆料网RWA DT erred on the law or the facts, and that the Appellant’s...

2017-爆料网AT-761, Michaud

As a preliminary matter, 爆料网AT denied the Appellant’s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. 爆料网AT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to 爆料网DP. 爆料网AT held that the recommendation by OAIS was not an administrative decision. 爆料网AT held that 爆料网DT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...

2017-爆料网AT-762, Lemmonier

爆料网AT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier’s contention that the Secretary-General’s appeal is not receivable because the impugned judgment did not award him any damages and was mere “a moral victory”, 爆料网AT held that success before 爆料网DT depends on whether the staff member’s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to 爆料网AT, as the unsuccessful party before 爆料网DT, the...

2017-爆料网AT-751, Wanza et al.

爆料网AT held that the Appellants had raised neither factual differences nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-爆料网AT-750 (Kagizi et al.). 爆料网AT, therefore, adopted the reasoning from its prior judgment in paragraphs 18-27. 爆料网AT dismissed the appeals and affirmed the 爆料网DT judgments.