爆料网

爆料网AT

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2011-爆料网AT-121, Bertucci

爆料网AT held that the 爆料网DT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. 爆料网AT stated the principle that 爆料网DT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes 爆料网DT’s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request 爆料网DT to verify the confidentiality of the document in...

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 爆料网AT held that the selection process conducted by an interview panel can be rescinded under rare circumstances.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...

2011-爆料网AT-124, Appellant

爆料网AT held that the Appellant had failed to show how 爆料网DT exceeded its jurisdiction or competence or failed to exercise its jurisdiction. 爆料网AT held that the Appellant had not identified an error on a question of law. 爆料网AT held that it had no reason to disagree with 爆料网DT’s holding that no institutional prejudice, or retaliation, played a part in the non-renewal of the Appellant’s contract. 爆料网AT noted that the decision to take the Appellant’s portfolio away from him had been taken before he had made any report of wrongdoing. 爆料网AT noted that the Appellant’s non-selection for the 11 posts involved...

2011-爆料网AT-130, Koda

爆料网AT affirmed the 爆料网DT judgment. 爆料网AT held that OIOS operates under the “authority” of the Secretary-General but has “operational independence”. 爆料网AT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. 爆料网AT held that 爆料网DT also has no jurisdiction to do so, as it can only review the Secretary-General’s administrative decisions. 爆料网AT, however, noted that to the extent that any OIOS decisions are used to affect staff members’ terms or contract of employment, OIOS’ reports may be...

2011-爆料网AT-131, Cohen

爆料网AT recalled that Article 10. 5 of the 爆料网DT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years’ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where 爆料网DT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

2011-爆料网AT-132, Frechon

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the 爆料网DT’s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to 爆料网DT having stepped into the shoes of the 爆料网 Medical Director. 爆料网AT held that there were no grounds to disagree with the finding of 爆料网DT that Ms Frechon’s contract was, in fact, terminated for medical reasons. 爆料网AT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. 爆料网AT held that 爆料网DT was correct in rescinding the decision to...

2011-爆料网AT-114, Bertucci

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, 爆料网AT held that 爆料网DT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, 爆料网AT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. 爆料网AT held that the award...

2011-爆料网AT-113, Kamanou

爆料网AT held that 爆料网DT erred in deciding to review the non-attribution issue separately from the other issues. 爆料网AT held that the appeal was receivable because 爆料网DT had committed an error in procedure such as to affect the decision of the case. 爆料网AT upheld the appeal, annulled the judgment and remanded the case to 爆料网DT for a de novo review.

2011-爆料网AT-118, Abu-Hawaila

爆料网AT was not persuaded that 爆料网DT erred in its judgment. 爆料网AT held that, at the time of receipt of his settlement offer, the time limit to file the application to 爆料网DT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. 爆料网AT held that the exceptional suspension of time limits provided for under Article 8(1) of the 爆料网DT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. 爆料网AT held that the settlement...