爆料网

爆料网AT

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2013-爆料网AT-388, Ainte

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that in such a case, where the material facts were not in dispute, no additional investigation was required to establish the misconduct. 爆料网AT held that 爆料网DT erred in law in finding that the investigative and disciplinary process had not been properly conducted and that Mr Ainte’s due process rights had been violated by the absence of an official investigation. 爆料网AT held that Mr Ainte had not demonstrated that the Secretary-General failed in any other way to observe his due process rights. 爆料网AT held that the Secretary-General was...

2013-爆料网AT-387, Gakumba

爆料网AT considered an appeal by the Secretary-General limited to the matter of compensation. 爆料网AT held that the appeal had to be allowed in part because 爆料网DT erred in setting the compensation in lieu of reinstatement at two years’ net base salary without considering that Mr Gakumba’s previous fixed-term appointments were one year each. 爆料网AT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year’s net base salary. 爆料网AT affirmed the 爆料网DT judgment on compensation for non-pecuniary damages and held that no error of law was...

2013-爆料网AT-386, Ahmed

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the payment of interest awarded by 爆料网DT on the payment of Mr Ahmed’s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, 爆料网AT upheld the 爆料网DT judgment and held that the matter was properly before 爆料网DT and could not be construed as res judicata. 爆料网AT agreed with 爆料网DT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

2013-爆料网AT-385, Samuel Thambiah

爆料网AT did not accept the argument that there was no evidence to indicate that the Appellant received the letter communicating the outcome of the management evaluation on 14 July 2011, noting that 爆料网DT relied on the Appellant’s statement to ascertain that date. 爆料网AT held that the Appellant failed to show any error on 爆料网DT’s part. 爆料网AT held that the Secretary-General rightly submitted that the deadline for the Appellant to file an application with 爆料网DT was 12 October 2011, notwithstanding any ambiguity as to when she actually received the management evaluation response and the appeal failed on...

2013-爆料网AT-384, McCluskey

爆料网AT held that 爆料网DT did not commit any error when it determined that the application before it was not receivable as it was time-barred. 爆料网AT noted that it was technically improper for 爆料网DT to analyse the merits of the case after declaring the application time-barred. 爆料网AT held that even if the appeal had been receivable ratione temporis, the Appellant’s claim could not succeed. 爆料网AT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. 爆料网AT dismissed the...

2013-爆料网AT-383, Bofill

On the Appellant’s claims of discriminatory and arbitrary practices, 爆料网AT did not find that 爆料网DT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and 爆料网DT’s findings demonstrated that it took cognisance of all relevant information. 爆料网AT held that there was no error by 爆料网DT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. 爆料网AT held that 爆料网DT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...

2013-爆料网AT-355, Johnson

爆料网AT considered an application of the Secretary-General for interpretation of judgment No. 2012-爆料网AT-240. 爆料网AT held that the application did not fulfil the requirements of Article 11 of the 爆料网AT Statute and was therefore manifestly inadmissible. 爆料网AT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. 爆料网AT rejected the Secretary-General’s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

2013-爆料网AT-378, Ivanov

爆料网AT held that the Appellant had not established any error in fact or law emerging from the impugned judgment. 爆料网AT noted that the Appellant did not challenge the competitive procedure’s final administrative act since he only began to contest the Administration’s actions when the selected candidate was laterally moved, and another rostered candidate was appointed as a replacement. 爆料网AT held that the Appellant’s rights as a staff member were linked to the administrative decision that completed the selection procedure and that, as such, any breach of his rights could only be caused by that...

2013-爆料网AT-379, Andersson

爆料网AT considered the Secretary-General’s appeal. 爆料网AT rejected the Secretary-General’s submission that 爆料网DT erred in “double-counting” by using the same element of Mr Andersson’s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. 爆料网AT also rejected the Secretary-General’s submission that Mr Andersson only fleetingly referred to...

2013-爆料网AT-381, Applicant

爆料网AT considered an appeal by the Secretary-General against judgment No. 爆料网DT/2012/159; an appeal by the “Applicant” (anonymity granted) against judgment No. 爆料网DT/2013/079; and a cross-appeal by the Secretary-General of judgment No. 爆料网DT/2013/079. On receivability, 爆料网AT considered the Secretary-General’s case that 爆料网DT erred on the issue of receivability as the non-disciplinary issues contested by the Applicant were never submitted for management evaluation. 爆料网AT held that 爆料网DT, in deciding that the non-disciplinary issues had been submitted for management evaluation, erred in law and in fact...