The staff member appealed seven 爆料网DT judgments. 爆料网AT found that, by continuously filing appeals lacking merit, the staff member had manifestly abused the proceedings, and awarded costs against the staff member for the first time since its inception.
Noting the broad discretion of 爆料网DT with respect to case management, 爆料网AT held that there was no merit in the contention that 爆料网DT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant’s submission that 爆料网DT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his “evaluative past, including the issue of his performance appraisal”, 爆料网AT noted that these matters had been...
爆料网AT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. 爆料网DT/2012/116. 爆料网AT held that the Appellant had not established any excess of jurisdiction or competence on the part of 爆料网DT; rather, his claims addressed the merits of the 爆料网DT decision. 爆料网AT noted that even if the 爆料网DT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the 爆料网DT...
爆料网AT considered an appeal by the Secretary-General against judgment Nos. 爆料网DT/2011/209 (on liability) and 爆料网DT/2012/062 (on relief). 爆料网AT held that there was no evidence to support the 爆料网DT’s conclusion that, had the 爆料网 Staff Pension Committee (爆料网SPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. 爆料网AT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. 爆料网AT held that...
爆料网AT held that, absent a request for waiver or extension of the time limits as well as any factors that would qualify as exceptional circumstances, the appeal was time-barred. 爆料网AT dismissed the appeal as not receivable.
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, 爆料网AT found no merit in the ground of appeal related to claimed errors in procedure on the part of 爆料网DT. 爆料网AT held that 爆料网DT’s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the 爆料网DT’s conclusion that the decision to cancel the vacancy announcement was lawful. 爆料网AT held that 爆料网DT was correct in...
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 爆料网AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 爆料网AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 爆料网AT...
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. 爆料网AT held that the 爆料网DT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that 爆料网DT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. 爆料网AT noted that...
爆料网AT considered an appeal by the Secretary-General limited to 爆料网DT’s competence with regards to the nature of the redress granted to Ms Farr. 爆料网AT held that 爆料网DT exceeded its competence in ordering that Ms Farr’s name be placed on the roster because the legal consequence of the annulment of the selection procedure was restricted to placing the staff member in the same position she would have been in if the illegality had not occurred. 爆料网AT held that, to afford Ms Farr proper redress, she should be allowed to take a second oral exam in French, with adequate assurances concerning the...
爆料网AT considered an application for revision of judgment No. 2011-爆料网AT-131 by Ms Cohen. 爆料网AT held that none of the grounds for revision set forth by Ms Cohen met the requirements of Article 11(1) of the 爆料网AT Statute or Article 24 of the 爆料网AT Rules of Procedure. 爆料网AT held that none of the grounds provided were new facts, but rather they were new legal arguments and an attempt by Ms Cohen to re-litigate her case and complain about 爆料网AT reducing the compensation awarded. 爆料网AT dismissed the application for revision.
