爆料网

爆料网AT

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2018-爆料网AT-847, Timothy

爆料网AT held that 爆料网DT was correct in concluding that the Administration’s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. 爆料网AT noted that the phrase “suitable posts” is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

2018-爆料网AT-849, Kule Kongba

爆料网AT held that the lack of the nationality requirement on the Appellant’s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, 爆料网AT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

2018-爆料网AT-850, Zama

爆料网AT considered the appeal. 爆料网AT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to 爆料网DT only challenged the decision to terminate his appointment in 2014. 爆料网AT agreed with 爆料网DT’s holding that there was no nexus between the reassignment and the abolition of the Appellant’s post. 爆料网AT also agreed with 爆料网DT’s finding that 爆料网FPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. 爆料网AT denied the Appellant’s request to overturn the impugned judgment on the sole ground of...

2018-爆料网AT-851, Nemrawi

爆料网AT considered the appeal. 爆料网AT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. 爆料网AT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that 爆料网RWA DT committed an error of fact or law warranting intervention by 爆料网AT. 爆料网AT also found that the Appellant failed to demonstrate any error in 爆料网RWA DT’s finding and had not provided any evidence in support of his claims that the Agency’s...

2018-爆料网AT-835, Kataye

爆料网AT considered the Secretary-General's appeal, challenging 爆料网DT’s finding that the application, as it related to the second contested decision, was filed on time and was receivable. 爆料网AT agreed with the Secretary-General, that the official holiday at the New York Registry on 5 September 2016 is irrelevant for the determination of the timeliness of the individual’s filing before the Nairobi Registry. Although the case was later transferred to New York, on 6 September 2016, this case was still recorded as pending before 爆料网DT Nairobi and the filing of all documents in that month was expected to...

2018-爆料网AT-836, Loeber

爆料网AT considered the appeal. 爆料网AT found no reason to differ from 爆料网DT’s conclusion. 爆料网AT found that the applicable procedural requirements were followed, and the evidence did not supersede the presumption of regularity of the administrative decision. 爆料网AT further noted that the Appellant was afforded full and fair consideration and that he failed to establish any bias by the members of the panel. 爆料网AT also held that the Appellant forewent the required procedures for filing complaints of discrimination and failed to provide evidence that he was the target of the restructuring exercise or that it...

2018-爆料网AT-837, Isteti

爆料网AT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. 爆料网AT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, 爆料网AT found the appeal to be defective and not allowed. 爆料网AT dismissed the appeal and affirmed 爆料网RWA DT’s judgment.

2018-爆料网AT-838, Al-Ashi

爆料网AT considered the appeal of the consolidated applications. With respect to the first issue, 爆料网AT found no error in 爆料网RWA DT’s conclusion that the Appellant had failed to establish that the decision not to confirm his appointment as TDSE Advisor and to transfer him to his previous post was unlawful. 爆料网AT noted that there was no merit in the Appellant’s contention that 爆料网RWA DT failed to examine the relevant facts and to apply legal and regulatory provisions to his performance evaluations during his probationary period. 爆料网DT also noted that the review of the Appellant’s performance assessments...

2018-爆料网AT-843, Kozul-Wright

爆料网AT held that, when responding to requests for the waiver of an official’s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. 爆料网AT noted that the Secretary-General is best placed to appreciate the nature of the Organisation’s...