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Permanent appointment

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    • Showing 1 - 10 of 81
    2024-爆料网AT-1498, Houria Kembouche

    The 爆料网AT held that the 爆料网DT did not err in finding that the former staff member’s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

    The 爆料网AT also determined that the 爆料网DT did not err in awarding the former staff member compensation in lieu of two years’ net base salary. In this regard, the 爆料网AT emphasized that the 爆料网DT correctly considered the fact that the former staff member’s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

    爆料网DT/2024/071, Fusco

    Compensation in lieu is “not related at all to the economic loss suffered” (see Nega 2023-爆料网AT-1393,para. 62) and there is no duty to mitigate loss as a precondition for receiving in lieu compensation (see Zachariah 2017-爆料网AT-764). It is, according to the Tribunal’s Statute, an option that the Respondent can take instead of reinstating the Applicant in the service. Therefore, pecuniary loss or gain is not a relevant factor.

    Consistent with the requirement to act fairly, justly and transparently, the Respondent bears the burden to show that the Applicant did not possess the core and functional...

    2024-爆料网AT-1498-Corr.1, Houria Kembouche

    The 爆料网AT held that the 爆料网DT did not err in finding that the former staff member’s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

    The 爆料网AT also determined that the 爆料网DT did not err in awarding the former staff member compensation in lieu of two years’ net base salary. In this regard, the 爆料网AT emphasized that the 爆料网DT correctly considered the fact that the former staff member’s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

    2022-爆料网AT-1218, Secretary-General

    爆料网AT disagreed and reversed the 爆料网DT Judgment. The Appeals Tribunal explained that priority consideration is afforded only to redundant staff members holding permanent appointments who have the relative competence and skills for a particular job. Priority consideration is thus premised on candidates first establishing themselves as eligible and suitable for a position. Only then does priority consideration operate to permit their selection. To hold otherwise would require preference to be given to redundant staff members holding permanent appointments despite their lack of skills to...

    2010-爆料网AT-097, Dumornay

    爆料网AT preliminarily rejected the Appellant’s request to present additional evidence. On the merits, 爆料网AT held that the Appellant did not demonstrate that 爆料网DT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. 爆料网AT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. 爆料网AT held that there was no evidence to support the allegations of...

    2013-爆料网AT-375, Schoone

    爆料网AT considered appeals from both Mr Schoone and the Secretary-General. 爆料网AT held that, for the reasons set forth in judgment Nos. 2013-爆料网AT-357 (Malmstrom et al. ), 2013-爆料网AT-358 (Longone) and 2013-爆料网AT-359 (Ademagic et al. ), the delegation of authority granted to the ICTY Registrar could not be construed so as to grant him the authority to convert staff members’ fixed-term appointments into permanent appointments. 爆料网AT recalled that in those three cases it had held that the decision-making authority to grant permanent appointments was properly vested in the Assistant Secretary-General for...

    2013-爆料网AT-372, Branche

    The Tribunal, referring to O’Hanlon, (which was not before the 爆料网DT), stated that, “This Tribunal interpreted the Inter-Organisation Agreement Concerning Transfer, Secondment or Loan of Staff Among the Organisations Applying the United Nations Common System of Salaries and Allowances to require that service in the releasing Organisation will be counted as service in the receiving Organisation. The Inter-Organisation Agreement interpreted that O’Hanlon was remarkably similar to Article 5. 1 of the IAMA, which pertains to service credits for staff who transfer under the IAMA. Under the rationale...

    2013-爆料网AT-367, Cranfield

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in its determination. 爆料网AT held that there was no legal basis for 爆料网DT to bind the Administration to a 90-day statutory time limit. 爆料网AT held that it was not necessary to remand the case to 爆料网DT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 爆料网AT held that as of 30 June 2009, 爆料网AT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...

    2013-爆料网AT-360, McIlwraith

    爆料网AT considered an appeal of judgment No. 爆料网DT/2012/131. 爆料网AT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. 爆料网DT/2012/131, as well as the staff members who appealed judgment No. 爆料网DT/2012/129 and judgment No. 爆料网DT/2012/130. 爆料网AT held that, since it had rescinded the 爆料网DT judgment against which the staff members appealed, the majority of their claims were rendered moot. 爆料网AT held that it's reasoning in Malmstr?m et al....

    2013-爆料网AT-359, Ademagic et al. and McIlwraith

    爆料网AT considered an appeal by the Secretary-General and an appeal Ademagic et al. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...