爆料网

爆料网AT

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2010-爆料网AT-034, Muthuswami et al.

爆料网AT noted that the Appellants did not refer to any article of the Regulations that provides that the full retirement benefit may be restored after a participant opts to commute a portion of the retirement benefit into a lump sum. 爆料网AT held that the Appellants were bound by their decision to accept one-third of their pension as a lump sum and a reduced pension. 爆料网AT held that the Appellant’s decision could not simply be reversed. 爆料网AT rejected the argument that the Appellants had been discriminated against and that their basic fundamental rights concerning equity, fairness, and justice under...

2010-爆料网AT-005, Tadonki

爆料网AT considered the Secretary-General’s appeals against 爆料网DT decisions ordering the suspension of the contested decisions beyond the deadline for management evaluation. 爆料网AT clarified that, generally, only appeals against final judgments would be receivable, because otherwise, cases would seldom proceed if either party was dissatisfied with a procedural ruling. Article 2.2 of the 爆料网DT Statute authorizes 爆料网DT to order suspension of a contested decision only “during the pendency of the management evaluation”. 爆料网AT found that 爆料网DT exceeded its jurisdiction in ordering suspension of the contested...

2011-爆料网AT-188, Harding

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the 爆料网DT judgment with interest was excessive. 爆料网AT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. 爆料网AT held that a total of 2. 5 years’ net...

2011-爆料网AT-187, Allen

爆料网AT held that the reassignment decision did not breach any rule, noting that, under Staff Regulation 1. 2(c), staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities or offices of the 爆料网. 爆料网AT held that the contested decision did not contravene ST/AI/2006/3/Rev. 1, ST/SGB/172 or ST/SGB/274. 爆料网AT held there was no error in the 爆料网DT’s decision to reject the Appellant’s argument that the Organisation failed to act in good faith in its dealings with him. 爆料网AT affirmed the 爆料网DT judgment.

2011-爆料网AT-135, Larkin

爆料网AT held that the services provided by OSLA and the way the representation is implemented can have an impact on a staff member’s terms of employment and can therefore fall within the jurisdiction of 爆料网DT, without interfering with the professional independence of counsel. 爆料网AT held that the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in the staff member’s case could have an impact on his terms of employment and, therefore, constituted an administrative decision subject to review by 爆料网DT. 爆料网AT reversed the 爆料网DT judgment and remanded the case to...

2011-爆料网AT-159, Igbinedion

爆料网AT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. 爆料网AT held that 爆料网DT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. 爆料网AT held that 爆料网DT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...

2011-爆料网AT-160, Villamoran

The Secretary-General appealed the 爆料网DT order. 爆料网AT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of 爆料网DT RoP have elapsed, and where 爆料网DT is not in a position to make a decision under Article 2. 2 of the 爆料网DT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the 爆料网DT...

2011-爆料网AT-126, Lesar

爆料网AT considered an application for revision of Judgment No. 1465 of the former 爆料网 Administrative Tribunal submitted by Mr Lesar. 爆料网AT noted that General Assembly resolution 63/253 was silent on the question of revision of judgments handed down by the former 爆料网 Administrative Tribunal during the period prior to its abolishment. 爆料网AT held that the omission did not constitute a denial of the right to an effective remedy since a tribunal had already dispensed justice. 爆料网AT held that it was not competent to revise the former 爆料网 Administrative Tribunal Judgment and that therefore, the application...

2011-爆料网AT-183, Bowen

爆料网AT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. 爆料网AT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. 爆料网AT held that the compensation awarded by 爆料网DT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. 爆料网AT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...