2020-爆料网AT-1041, Dufresne
爆料网AT held that 爆料网DT was correct to find that the application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT held that 爆料网DT was correct to find that the application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT held that 爆料网DT did not commit any errors in procedure, fact, or law and correctly dismissed the motion for an extension of time to file an application against the contested decision. 爆料网AT held that the application was not receivable ratione materiae, as the Appellant had not submitted a timely request for management evaluation and she was not exempted from doing so. 爆料网AT dismissed the appeal.
爆料网AT held that the Appellant’s identity was probably known by the assessment panel at the time her test was marked. 爆料网AT held that the Appellant’s test was graded by the assessment panel after it had sent the transmittal memorandum to the Central Review Panel (CRP), creating the additional burden for the Appellant of having to persuade the assessment panel to change its original recommendation in the transmittal memorandum. 爆料网AT held that, as the candidates recommended in the transmittal memorandum did not have this additional burden, it could not be said that all candidates received equal...
爆料网AT considered the Appellant’s claim that the basis for the non-renewal decision was his unsuccessful application for a newly created post for which he had applied. 爆料网AT held that there was no evidence of the link between the decision not to renew his fixed-term appointment and his non-selection for the other post and considered that the timeline of events supported this. 爆料网AT held that 爆料网DT was correct in its finding that the non-renewal decision was a separate matter from the then-ongoing selection exercise. On the Appellant’s claim that the successive renewals of his appointment created an...
爆料网AT held that a SPA can only be granted if the conditions of ST/AI/1999/17 are met, inter alia, that the staff member has been assigned to and discharged the full functions of a post which has been both classified and budgeted at a higher level, and that these prerequisites were not met. 爆料网AT held that the denial of the ex gratia payment was lawful. 爆料网AT held that the Administration did not commit any errors in exercising its discretion. 爆料网AT held that the denial of an ex gratia payment did not violate the principle of equal pay for equal value and did not constitute discrimination. 爆料网AT held...
爆料网AT held that 爆料网DT did not exceed its jurisdiction by confirming that an appeal against the Order had no suspending effect and issuing a judgment on the merits while an appeal against the contested order was still pending with 爆料网AT. 爆料网AT held that 爆料网DT did not err in declining to hold an additional case management discussion or to consider additional evidence as the Appellant failed to provide an adequate and convincing reason why his requests for further evidence or new case management discussion were not made earlier in the process as well as the relevancy of the evidence on the...
爆料网AT affirmed 爆料网DT’s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. 爆料网AT further affirmed 爆料网DT’s position that the Appellant’s request for management evaluation was time-barred. 爆料网AT, however, noted that 爆料网DT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. 爆料网AT further noted that this error by 爆料网DT did not adversely affect...
爆料网AT held that the Appellant did not contest the decision to separate her from the Organisation, thus the SAB was not seized with her separation and her appeal on that issue was not receivable. 爆料网AT held that the Appellant’s claims for compensation for pain, suffering, and medical expenses were beyond the scope of the case and therefore not receivable. 爆料网AT held that the IMO Secretary-General’s decision to place the Appellant on sick leave was based on sound medical evidence which was not rebutted at the time and that there was no basis to set aside that decision. 爆料网AT held there was no basis...
爆料网AT held that 爆料网DT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. 爆料网AT held that, regarding the question of whether 爆料网DT failed to address the Appellant’s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that 爆料网DT erred in fact or in law about this issue. 爆料网AT held, however, that 爆料网DT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr. D R-B, given that the selected...
爆料网AT held that exceptional circumstances existed on the basis that the Appellant was suffering from a medical condition, hospitalized and unable to file the appeal on a timely basis. 爆料网AT waived the deadline for appeal and held the appeal to be receivable. 爆料网AT held that, in his appeal, the Appellant largely repeated the submissions and allegations raised before 爆料网DT, without identifying the specific errors of law or errors of fact that resulted in a manifestly unreasonable decision. On the Appellant’s claims relating to the use of and access to the closed-circuit television (CCTV) video...