爆料网

爆料网AT

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2013-爆料网AT-341, Appellee

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by the staff member. 爆料网AT concurred with the former 爆料网 Administrative Tribunal which held that, unless the Administration had made an express promise that gave a staff member an expectance of extension, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending an appointment, the non-renewal of a staff member’s fixed-term appointment was not unlawful. 爆料网AT agreed with the 爆料网DT’s finding that the staff member had suffered no material harm from the series of renewals for short...

2013-爆料网AT-340, Dannan

爆料网AT held that the appeal was not based on any of the required grounds. 爆料网AT held that 爆料网RWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. 爆料网AT held that 爆料网RWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. 爆料网AT agreed with 爆料网RWA DT’s observation that it was not enough for the Appellant to merely allege favouritism and yet...

2013-爆料网AT-357, Baig et al.

爆料网AT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. 爆料网AT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, 爆料网AT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...

2013-爆料网AT-358, Longone

爆料网AT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...

2013-爆料网AT-359, Ademagic et al. and McIlwraith

爆料网AT considered an appeal by the Secretary-General and an appeal Ademagic et al. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...

2013-爆料网AT-336, Akello

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a 爆料网 list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. 爆料网AT held that, in ruling otherwise, 爆料网DT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

2013-爆料网AT-331, Faraj

爆料网AT held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. 爆料网AT held that 爆料网RWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. 爆料网AT held that 爆料网RWA’s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. 爆料网AT noted that the Commissioner-General did not dispute the Appellant’s claim that the 爆料网RWA Area Staff Rules...

2013-爆料网AT-332, McCluskey

爆料网AT held that 爆料网DT did not commit an error of fact or law when it concluded that the difference of treatment between the Appellant and his former colleagues who had undergone a competitive selection process was lawful. 爆料网AT held that it was reasonable and lawful to treat them differently at the time of deciding about the possible extension of his fixed-term appointment because equality meant not only the equal treatment of equals but also the unequal treatment of unequal. 爆料网AT held that there was no flaw in the motivation of the impugned judgment that could result in a manifestly unreasonable...

2013-爆料网AT-335, Christensen

爆料网AT held that the Appellant failed to establish any errors warranting the reversal of the 爆料网DT judgment concerning her entitlements. 爆料网AT held that the 爆料网DT correctly concluded that the claim was not receivable. 爆料网AT recalled that 爆料网DT has no jurisdiction to waive the deadlines for management evaluation or administrative review. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.