爆料网

爆料网AT

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2011-爆料网AT-140, Wang

爆料网AT was satisfied that the 爆料网DT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the 爆料网 outside of their home country and by implication their country of nationality, was the correct interpretation. 爆料网AT held that there was no error in law with regard to the 爆料网DT’s approach on the issue of home leave. 爆料网AT held, as a matter of law and fact, that 爆料网DT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

2011-爆料网AT-139, Basenko

爆料网AT recalled that access to the new system of administration of justice can be extended to persons who are not formally staff members but who can legitimately be entitled to rights similar to those of a staff member. 爆料网AT held that this exception must be understood in a restrictive sense. 爆料网AT held that interns have no access to the new system of administration of justice. 爆料网AT dismissed the appeal.

2011-爆料网AT-138, Abdalla

爆料网AT held that, in order for the Appellant’s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and 爆料网AT held that it found no reason to reverse the finding of 爆料网DT that there was no evidence of such a commitment. 爆料网AT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. 爆料网AT held that the need for translator services at 爆料网AMI could...

2011-爆料网AT-137, Jemiai

爆料网AT noted that the parties freely made an agreement, the Appellant received benefits under it and then she sought additional benefits on the basis that she had not received proper notice. 爆料网AT noted that, as 爆料网DT found, the Appellant received notice of her termination date when she signed the MOU, some four months prior. 爆料网AT held that the fact that a formal letter was received later neither abrogated the MOU nor gave rise to any further compensation. 爆料网AT found no error in the 爆料网DT judgment. 爆料网AT held that 爆料网DT correctly determined that the Appellant was not entitled to compensation in lieu...

2011-爆料网AT-136, Ardisson

爆料网AT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the 爆料网JSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. 爆料网AT held that the different treatment of IOM staff members was created by the General Assembly. 爆料网AT noted that restoration is an exceptional benefit that cannot be extended by analogy. 爆料网AT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the 爆料网JSPB was...

2011-爆料网AT-164, Molari

爆料网AT recalled that when a disciplinary sanction is imposed by the Administration, the role of the Tribunal is to examine whether the facts, on which the sanction is based, have been established, whether the established facts qualify as misconduct, and whether the sanction is proportionate to the offence. 爆料网AT held that in this case, the facts were so clear as to be irrefutable; no matter what the standard, the Administration met its burden of proof. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2011-爆料网AT-134, Larkin

爆料网AT considered appeals against 爆料网DT judgment Nos. 爆料网DT/2010/108 and 爆料网DT/2010/109 jointly. 爆料网AT held that 爆料网DT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. 爆料网AT held that the Appellant did not demonstrate that the 爆料网DT’s finding of fact was not supported by the evidence or that it was unreasonable. 爆料网AT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

2011-爆料网AT-133, Rosca

爆料网AT considered judgment Nos. 爆料网DT/2009/052 and 爆料网DT/2009/062. 爆料网AT held that the appeal to the Joint Appeals Board was not filed within the time limits and that 爆料网DT did not have jurisdiction to waive them. 爆料网AT held that the application before 爆料网DT was not receivable ratione temporis. 爆料网AT dismissed the appeal and vacated the 爆料网DT judgments.

2011-爆料网AT-122, Rolland

爆料网AT considered an appeal by Ms Rolland and a cross-appeal against the award of damages by the Secretary-General. 爆料网AT held that the selection process conducted by an interview panel can be rescinded under rare circumstances. 爆料网AT noted that, in general, when candidates have received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration, the selection shall be upheld. 爆料网AT held that Ms Rolland failed to discharge the burden of proof, by showing through clear and convincing evidence that she was...

2011-爆料网AT-123, Messinger

爆料网AT held that 爆料网DT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant’s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. 爆料网AT held that 爆料网DT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. 爆料网AT held that 爆料网DT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. 爆料网AT held that it was not persuaded that 爆料网DT made any errors of...