爆料网

爆料网AT

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2014-爆料网AT-445, Terragnolo

爆料网AT preliminarily denied the Appellant’s motion to submit an amicus curiae brief. On the merits, 爆料网AT noted that the Board of Examiners found the Appellant to be one of 68 applicants who, although meeting the minimum requirements, were not deemed the most qualified and therefore not convoked to the examination. 爆料网AT held that the appeal did not identify any errors in the reasoning of 爆料网DT and found no basis for disagreeing with 爆料网DT. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.

2014-爆料网AT-446, Mosha

爆料网AT held that 爆料网DT correctly concluded that the Appellant’s claim was not receivable. 爆料网AT noted that it was evident that the Appellant knew of the process of management evaluation at the time of the impugned administrative decision. 爆料网AT also held that 爆料网DT correctly exercised its discretion to award costs against the Appellant for abuse of the judicial process, as her failure to apply for management evaluation was deliberate and thus her application was frivolous and vexatious. 爆料网AT dismissed the appeal in its entirety and affirmed the 爆料网DT judgment.

2014-爆料网AT-447, Terragnolo

The first issue 爆料网AT considered was whether 爆料网DT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and 爆料网AT found that 爆料网DT did not err in this regard. 爆料网AT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the 爆料网 Joint Staff Pension Fund requires that “[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...

2014-爆料网AT-449, Thweib & Al Hasanat

爆料网AT considered the Commissioner-General’s appeal. 爆料网AT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. 爆料网AT found that 爆料网RWA DT’s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. 爆料网AT noted it was, thus, not necessary to consider the other grounds of...

2014-爆料网AT-450, Bali

爆料网AT considered the Secretary-General’s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. 爆料网AT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. 爆料网AT also noted that Mr Bali was encouraged by the Office of Human Resources Management’s (OHRM) advocacy and information...

2014-爆料网AT-451, Sannoh

爆料网AT considered the Secretary-General’s appeal regarding whether 爆料网DT erred in ordering both an extension of Mr Sannoh’s appointment and payment of a termination indemnity. 爆料网AT noted that 爆料网MIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member’s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...

2014-爆料网AT-458, Al-Moued

As a preliminary matter, 爆料网AT dismissed the Appellant’s request for an oral hearing. On the merits, 爆料网AT noted that he argued the same arguments that he put before 爆料网RWA DT. 爆料网AT found that 爆料网RWA DT gave careful and fair consideration to the Appellant’s arguments and weighed them against the facts of the case. 爆料网AT found no fault with 爆料网RWA DT’s decision and held that the Appellant did not demonstrate that 爆料网RWA DT erred in fact or law. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

2014-爆料网AT-448, Terragnolo

爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due...

2014-爆料网AT-437, Charles

爆料网AT considered two appeals by the staff member of 爆料网DT Order Nos. 109 and 110. 爆料网AT held that the appeals were receivable because they were addressed against judicial decisions which disposed the cases before 爆料网DT. Finding that the two appeals raised the same legal issues, 爆料网AT consolidated them in the interest of judicial economy and consistency. 爆料网AT held that there was no merit in the Secretary-General’s observations about the non-receivability of the appeals. 爆料网AT held, however, that the motions for reinstatement were in fact non-receivable ab initio. 爆料网AT held that there was no statutory...

2014-爆料网AT-438, Benchebbak

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had erred in deciding that the non-renewal of the staff member’s contract was unlawful. 爆料网AT held that the staff member was aware that a high school diploma was an essential qualification. 爆料网AT held that his contract was conditional upon him producing proof of this qualification. 爆料网AT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. 爆料网AT agreed with the Secretary-General’s submission that the decision not to renew was neither...