爆料网

爆料网AT

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2014-爆料网AT-431, Mousa

爆料网AT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the 爆料网RWA DT judgment under appeal. 爆料网AT held that 爆料网RWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. 爆料网AT held that 爆料网RWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

2014-爆料网AT-432, Azzouz

爆料网AT held that 爆料网RWA DT had correctly determined that the application was not receivable. 爆料网AT held that the Appellant had failed to establish that 爆料网RWA DT had committed errors in law or fact in reaching its decision. 爆料网AT held that the Appellant’s claim that he was denied legal representation was not made before 爆料网RWA DT, although it was a circumstance that was known to the Appellant at that time. 爆料网AT held that it would not permit the issue to be raised for the first time on appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

2014-爆料网AT-434, Beqai

爆料网AT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. 爆料网AT held that, other than repeating his arguments before the 爆料网RWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. 爆料网AT held that the claims of errors of fact on the part of 爆料网RWA DT, resulting in a manifestly unreasonable decision, were unsustainable. 爆料网AT held that 爆料网RWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...

2014-爆料网AT-435, Hushiyeh

On appeal, 爆料网AT noted that the Appellant had acknowledged in a Memorandum from 6 July 2002 that he was driving after duty hours when the accident occurred. 爆料网AT held that the Appellant had failed to provide any documentary or other evidence to the contrary. 爆料网AT held that 爆料网RWA DT did not err in fact when it found that the Appellant was not on duty at the time of the accident and did not err in law when it determined he had no legal right to compensation under MTTI No. 6. 爆料网AT further held that 爆料网RWA DT did not make an error of law in discounting the Israeli court’s evaluation of the Applicant...

2014-爆料网AT-436, Walden

爆料网AT considered appeals by both the staff member and the Commissioner-General. 爆料网AT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. 爆料网AT held that termination was not disproportionate to the offence, taking into account that the staff member’s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. 爆料网AT held that 爆料网RWA...

2014-爆料网AT-433, Hersh

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 爆料网AT held that 爆料网DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

2014-爆料网AT-395, Johnson

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 2009 Johnson case and the present case dealt with identical factual circumstances. 爆料网AT noted that the Secretary-General contended that, following the issuance of judgment No. 2012-爆料网AT-240, it was clear that he could no longer require staff members to apply their foreign tax credits to reduce tax liability. 爆料网AT noted that the staff member had already used her foreign tax credit in 2010 before the Organisation changed its policy and rescinded its decision to require her to apply her foreign tax credits for her 2010 tax...

2014-爆料网AT-420, Oummih

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in excluding documents from the OSF and by ordering compensation for alleged damages not related to any established illegality. 爆料网AT held that, even if the irregularities and delays in the appraisal procedure were so serious that they rendered the … evaluations meaningless, it did not mean that they should not be kept in the OSF. 爆料网AT held that they, together with the corrective substitute reports or decisions, should all be kept in order to explain the whole process. 爆料网AT, therefore, held that 爆料网DT had erred in...

2014-爆料网AT-421, Das

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, at the time 爆料网ICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. 爆料网AT affirmed 爆料网DT’s finding that the staff member’s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration’s decision to reverse the decision was untimely and ineffective. 爆料网AT held that there was no reason to reverse 爆料网DT’s finding that the staff member had been deprived of a...

2014-爆料网AT-422, Khisa

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT committed a substantial error in procedure in not granting due process of law to the Administration. 爆料网AT held that the Secretary-General’s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. 爆料网AT held that 爆料网DT should not have issued a default “Summary judgment” on the merits of the case. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment. The case was remanded to another 爆料网DT Judge to be tried on its merits after both parties have had the opportunity to make...