爆料网

爆料网AT

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2013-爆料网AT-300, Wamalala

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that as the Secretary-General had clearly established the 爆料网DT’s lack of jurisdiction, 爆料网AT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. 爆料网AT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. 爆料网AT held that the appeal was receivable. On the merits, 爆料网AT held that 爆料网DT’s finding that there was one...

2013-爆料网AT-301, Osman

爆料网AT held that the Appellant’s submissions were largely a reiteration of his arguments before 爆料网DT. 爆料网AT held that 爆料网DT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. 爆料网AT held that 爆料网DT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. 爆料网AT held that the 爆料网DT’s findings that the advice given to the Appellant regarding uncertified sick leave was correct. 爆料网AT held that the Appellant’s allegation that...

2013-爆料网AT-302, Applicant

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the weight of the evidence, in that case, justified the decision taken by 爆料网ICEF. 爆料网AT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to 爆料网AT’s satisfaction that...

2013-爆料网AT-303, O’Hanlon

爆料网AT rejected 爆料网DT’s finding and held that, pursuant to the Inter-Organisation Agreement (which states that service in the releasing Organisation will be counted as service in the receiving Organisation), the staff member’s service with 爆料网RWA should have been counted as service with the 爆料网 and that he thus met the service criterion for eligibility. 爆料网AT upheld the appeal and remanded the case to the Administration to decide whether the staff member met the remaining criteria for conversion to a permanent appointment.

2013-爆料网AT-304, Al Surkhi et al.

爆料网AT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. 爆料网AT held that 爆料网RWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that 爆料网RWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. 爆料网AT upheld the 爆料网RWA DT’s determination as to the limits of its jurisdiction. 爆料网AT...

2013-爆料网AT-305, Kasmani

爆料网AT considered an appeal by the Secretary-General. 爆料网AT recalled that 爆料网AT expressly held in Mmata (judgment No. 2010-爆料网AT-092) that Article 10. 5 of the 爆料网DT Statute limited the total of all compensation to the equivalent of two years’ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. 爆料网AT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

2013-爆料网AT-306, Ming Wu

爆料网AT considered an appeal by Mr Wu and a cross-appeal by the Secretary-General. 爆料网AT held that the cross-appeal was receivable, despite it being a default judgment and the Secretary-General not having been allowed to participate in the proceedings or to file a reply. 爆料网AT held that the application was not receivable ratione materiae on the basis that he had not made a timely request for management evaluation. 爆料网AT held that therefore 爆料网DT had no jurisdiction to address the merits of the claims in the application and those claims were not properly before 爆料网AT for consideration. 爆料网AT held that...

2013-爆料网AT-293, Gehr

爆料网AT held that 爆料网DT correctly concluded that applications to the 爆料网DT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. 爆料网AT found no merit in the Appellant’s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. 爆料网AT upheld the 爆料网DT’s consideration that in the event of any ambiguity or contradiction between the 爆料网DT Statute and the Staff Rules, the former must...

2013-爆料网AT-294, Gehr

爆料网AT held that there was no error in 爆料网DT’s finding that the application was moot and thus, not receivable. 爆料网AT held that the 爆料网DT’s decision to dispose of the issue of compensation as part of another case was a case management decision well within the discretion of 爆料网DT and caused no injustice to the Appellant. 爆料网AT observed that it should never have been called on to review the 爆料网DT’s decision since the fact that the application was moot was obvious. 爆料网AT held that the Appellant had manifestly abused the appeals process by filing an appeal that was blatantly frivolous. 爆料网AT opined that the...

2013-爆料网AT-295, Powell

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to find that there was no breach of Mr Powell’s due process rights at the preliminary investigation stage. 爆料网AT held that 爆料网DT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. 爆料网AT allowed the appeal, set aside the 爆料网DT findings in paragraphs 86 and 106 of the...