爆料网AT considered an appeal of Order No. 079. 爆料网AT held that, regardless of whether 爆料网DT may have committed an error of law, fact, or procedure, Article 2(2) of the 爆料网DT Statute precluded an appeal to 爆料网AT if 爆料网DT acted within its jurisdiction or competence. 爆料网AT held that 爆料网DT acted within its jurisdiction or competence. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT Order.
As a preliminary matter, 爆料网AT granted the Appellant’s motion to file additional pleadings in the form of submission that 爆料网AT had decided previously that the MICT was a Secretariat entity and was thus precluded from holding to the contrary. On the merits, 爆料网AT held that the Appellant was not eligible for a continuing appointment for three reasons: (1) he did not work for the Secretariat; (2) the MICT had no authority to grant a continuing appointment; and (3) he was not in active service in the Secretariat under a fixed-term appointment throughout the period of consideration. On consideration...
As a first preliminary matter, 爆料网AT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. 爆料网AT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant’s own motions and 爆料网AT would not have asked her to disclose such information. 爆料网AT denied the motion. As a second preliminary matter, 爆料网AT considered a motion to respond to the Respondent’s observations on a motion. 爆料网AT held that its RoP did...
爆料网AT held that there was no difficulty in principle regarding the admissibility of the secretly recorded conversation based on the way it was procured, even though it may have involved an element of entrapment; however, 爆料网AT was concerned that the probative value of the evidence depended upon the credibility of a person who did not testify before the 爆料网DT. 爆料网AT noted that the content of the contemporaneous emails which supported the transcript of the telephone conversation remained hearsay unless it was confirmed by the authors or recipients of the emails and that none of the authors or...
爆料网AT held that the ISA JAB decision was correct in its finding that the appeal was receivable and not time-barred. However, 爆料网AT held that the Special Agreement and the resulting Staff Rules did not comply with the 爆料网AT Statute, which required a neutral first instance process, and that, accordingly, 爆料网AT was unable to exercise its jurisdiction as a second level tribunal. 爆料网AT remanded the matter to the JAB to ensure compliance with the jurisdictional requirements of the Special Agreement and Article 2(10) of the 爆料网AT Statute, specifying that the Appellant’s appeal should be reconsidered and...
爆料网AT held that while there may have been an error in the misfiling of the Appellant’s rebuttal, this did not result in procedural unfairness that affected the decision. 爆料网AT held that there was no procedural unfairness to the Appellant as she had had the opportunity to file for leave to respond before 爆料网DT and she did not do so and that in any case, this did not affect the ultimate decision on receivability. 爆料网AT noted that only the Secretary-General, of which the Management Evaluation Unit forms part, has the authority to extend or waive the time limits for management evaluation and the...
爆料网AT held that the Appellant did not demonstrate that the 爆料网DT judgment was defective or that the 爆料网DT erred in considering that the selected candidate met the minimum educational requirements and the work experience required for the job. Emphasizing the broad discretion of the Secretary-General and that it was not the role of 爆料网DT to substitute its own decision for that of the Secretary-General, 爆料网AT held that 爆料网DT was not manifestly unreasonable in deciding that the recommendation approved by the Secretary-General was based on an entire process and the experience of the candidates. 爆料网AT held...
爆料网AT considered an appeal by the Secretary-General of the United Nations. 爆料网AT held that Mr. Khamis’ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ‘open’, relationships. 爆料网AT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. 爆料网AT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...
爆料网AT made several findings on the appeal. First, 爆料网AT held that 爆料网DT did not err when it did not hold a case management or substantive hearing on the issues. 爆料网AT agreed that the first instance Judge is in the best position to decide what is appropriate for the fair and expeditious disposal of a case and to do justice to the parties. Second, 爆料网AT agreed with the 爆料网DT that the administrative action was not a disguised disciplinary sanction. 爆料网AT also found that the USG had the authority to transfer the appellant to a different unit to address a political situation. However, 爆料网AT disagreed with...
爆料网AT held that the Appellant did not fall within the exceptional category of participants who exercised their election for a deferred retirement benefit before 1 April 1997 and were therefore entitled to restore their prior contributory service, as the Appellant exercised her election in September 2009. 爆料网AT held that the Appellant was not entitled to restore her prior contributory service. 爆料网AT held that the Appellant’s complaint that she did not have access to the 爆料网JSPF Regulations was unconvincing, given, inter alia, the availability of the 爆料网JSPF Regulations and Rules on the website. 爆料网AT...
