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爆料网AT

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2024-爆料网AT-1471, Fouzia Rizqy

The 爆料网AT found no error in the 爆料网DT’s reliance on the communication between the staff member and her attorney when it established that she had submitted false information in her claims for reimbursement for medical expenses. The 爆料网AT noted that her attorney had voluntarily submitted the privileged document as an attachment to her application. The 爆料网AT observed that she had not imposed any limitations or reservations on the 爆料网DT’s use of the document and had referred to it on multiple occasions in the course of the proceedings. The 爆料网AT agreed that she had waived her right to confidentiality...

2024-爆料网AT-1472, Alain Bertrand Kamdem Souop

The 爆料网AT held that the 爆料网DT correctly identified 爆料网DP as the respondent in the present case because it was 爆料网DP that administered the staff member’s position and was therefore his employer. The 爆料网AT found that the staff member’s application was premature because he filed it before receiving the management evaluation response, or at least before the expiration of the delay for receiving that response. The 爆料网AT also concluded that the management evaluation response did not constitute the contested administrative decision.

The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2023/036...

2024-爆料网AT-1473, Anand Anand

The Appeals Tribunal found that the 爆料网DT did not err in holding that the Hiring Manager had correctly assessed that the certificates the selected candidate had listed in her Personal History Profile (PHP) were equivalent to a Lean Six Sigma (LSS) Certification. One of the educational requirements for the position was the LSS certification or an “equivalent certification”. In the present case, the 爆料网DT correctly concluded that the Hiring Manager had properly assessed that the certificates the selected candidate had listed in her PHP were equivalent to an LSS certification, as required for...

2024-爆料网AT-1455, Berhane Taklu-Nagga

The 爆料网AT noted that the staff member’s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the 爆料网AT found that the 爆料网DT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent’s fees.

The 爆料网AT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...

2024-爆料网AT-1470, Nina Humackic

The 爆料网AT held that the staff member had had ample opportunity to comment on her lateral transfer. The 爆料网AT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.

The 爆料网AT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member’s competence, skills, and experience. The 爆料网AT found...

2024-爆料网AT-1457, Alejandro Francisco Lago

The 爆料网AT held that, Mr. Lago’s reliance on additional evidence without filing a motion, was inadmissible.

The 爆料网AT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored. Additionally, Mr. Lago’s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision.

The 爆料网AT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...

2024-爆料网AT-1454, Ying Yu

The 爆料网AT found that the 爆料网DT had appropriately dismissed Ms. Yu’s application as not receivable ratione temporis. The 爆料网AT emphasized that because Ms. Yu’s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the 爆料网DT is located, and therefore, Ms. Yu missed the deadline by one day.

The 爆料网AT rejected the new arguments and evidence related to the mediation process submitted to the 爆料网AT for the first time. Even if these were considered, the 爆料网AT concluded that the mediation did not pertain to the contested decision and therefore did not...

2024-爆料网AT-1466, Fouad Moustafa El-Anani

The 爆料网AT rejected the new arguments and evidence submitted to the Appeals Tribunal for the first time that were aimed to show that Mr. El-Anani had not read the attachment of the e-mail that communicated the disciplinary sanction.

The 爆料网AT confirmed that, the two Microsoft Outlook notification records acknowledged by Mr. El-Anani indicated that the contested decision had been delivered to and read by him on 28 March 2023 and that he was therefore required to file his application with the 爆料网DT by no later than 26 June 2023. Since Mr. Al-Anani did not file the application until 28 June 2023...

2024-爆料网AT-1446, Ashok Kumar Nigam

The 爆料网AT held that, since Mr. Nigam based his interlocutory appeal on alleged errors of fact and law by the 爆料网DT Judge President, with no allegation of the 爆料网DT acting extra-jurisdictionally or similarly in excess of its jurisdiction, he must wait to exercise his right of appeal until a final decision has been made.

The 爆料网AT concluded that an earlier 爆料网DT Judgment contained neither any indication of bias by Judge Belle against Mr. Nigam, nor any criticism beyond what a reasonably informed observer might expect from a partly erroneous judgment and its subsequent appellate review.

The 爆料网AT...

2024-爆料网AT-1451-Corr.1, Cevat Ozturk

The 爆料网AT held that the administrative decision concerning reimbursements to the staff member took effect in law on 7 May 2019, when he received the wire transfer from the Organization. The reasons for this reimbursement amount were discussed with him shortly before the wire transfer was made. Although explanations of the underlying calculations were repeated in subsequent email exchanges with the staff member, those repetitions were not additional or new administrative decisions that were open to challenge by the staff member, thereby resetting the statute of limitations.

The 爆料网AT found...