爆料网

爆料网AT

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2014-爆料网AT-439, Gusarova

爆料网AT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, 爆料网AT held that 爆料网DT was the body best placed to assess a candidate’s chance of selection for placement on the roster. 爆料网AT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin 爆料网DT’s assessment that the staff member’s chances were not in the realm of the speculative. 爆料网AT held that there was no merit in the Secretary-General’s cross...

2014-爆料网AT-440, Stoykov

爆料网AT held that, while the representatives of the parties were present at the oral proceedings, they are entitled to the record of the testimonies made at those proceedings from the relevant 爆料网DT Registry. 爆料网AT held that this record is critical for the preparation of the appeal case. 爆料网AT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. 爆料网AT held that the Appellant was entitled to the record of the testimonies critical to the preparation of the appeal case, applying its jurisprudence in Finnis (Order No. 49 (2011)). 爆料网AT upheld the appeal, vacated the 爆料网DT...

2014-爆料网AT-442, El-Khalek

爆料网RWA DT considered an appeal by the Commissioner-General. 爆料网AT held that 爆料网RWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. 爆料网AT held that 爆料网RWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. 爆料网AT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

2014-爆料网AT-443, Hunt-Matthes

爆料网AT considered an appeal by the Secretary-General. 爆料网AT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member’s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey’s summary of evidence. 爆料网AT held that 爆料网DT erred in not attaching any importance to this omission. 爆料网AT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. 爆料网AT held that the Secretary-General...

2014-爆料网AT-456, Pirnea

爆料网AT considered both an application for Revision of judgment No. 2013-爆料网AT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, 爆料网AT held that Mr Pirnea did not set forth a new fact that was unknown to both him and 爆料网AT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the 爆料网AT Statute and Article 24 of the 爆料网AT Rules of Procedure. On the motion for confidentiality, 爆料网AT noted that the motion was late, and it was unlikely that confidentiality could be achieved...

2014-爆料网AT-427, Simmons

爆料网AT found that the facts were not disputed in this case. 爆料网AT found that the appeal addressed errors of law and fact, maintaining that the Organisation was liable for accidents that occur on the way home, either directly or by a detour. 爆料网AT held that the 爆料网DT judgment very clearly stated the applicable law in Appendix D of the Staff Rules and that there was no error in the ABCC’s practice not to cover injuries sustained during travel to and from work by an indirect route. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2014-爆料网AT-428, Kulawat

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members’ suitability for conversion. 爆料网AT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. 爆料网AT held that 爆料网DT had made a significant error of law in concluding that the impugned decision was unlawful. 爆料网AT held that 爆料网DT had erred in...

2014-爆料网AT-429, Leclercq

爆料网AT considered an appeal by the Secretary-General. 爆料网AT noted that the appeal only addressed the award of material damages. 爆料网AT held that the staff member was entitled to one year’s gross base salary apart from sick leave for the period of his certified illness. 爆料网AT held that the award of twelve months’ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. 爆料网AT held that 爆料网DT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of 爆料网AT. 爆料网AT dismissed...

2014-爆料网AT-430, Diallo

爆料网AT considered the appeal and allowed it in part. 爆料网AT held that the Appellant’s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. 爆料网AT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...