爆料网

Referral for accountability

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2015-爆料网AT-562, Birya

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. 爆料网AT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. 爆料网AT held that 爆料网DT’s conclusion that the application was receivable was without legal basis as was its award of compensation. 爆料网AT held that...

2015-爆料网AT-544, Nartey

爆料网AT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. 爆料网AT held that 爆料网DT made an error of law when it found the decision to deny Mr Nartey’s request to grant him a lien on his post was an abuse of authority. 爆料网AT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. 爆料网AT held that 爆料网DT made an error of law when it concluded that the impugned decision was retaliatory. 爆料网AT held that 爆料网DT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. 爆料网AT...

2015-爆料网AT-534, Assale

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT made an error of law when it applied 爆料网ICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. 爆料网AT held that 爆料网DT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. 爆料网AT held that 爆料网DT’s conclusion that the non-renewal decision was vitiated by 爆料网ICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. 爆料网AT held that 爆料网DT erroneously concluded that both the Chad Country...

2015-爆料网AT-522, Munir

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no reason to reverse the finding of 爆料网DT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. 爆料网AT affirmed the 爆料网DT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. 爆料网AT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...

2016-爆料网AT-638, Maiga

爆料网AT considered the appeal by the Secretary-General. 爆料网AT rejected the Secretary-General’s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before 爆料网DT. 爆料网AT further rejected the staff member’s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. 爆料网AT held that 爆料网DT had not erroneously substituted itself for the Administration. 爆料网AT held that 爆料网DT’s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...

2016-爆料网AT-614, Roberts

爆料网AT considered the appeal by the Secretary-General challenging the compensation for moral damages. 爆料网AT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. 爆料网AT held that the payment of the compensation constituted an acceptance of the Secretary-General of the 爆料网DT judgment. 爆料网AT held that the appeal was, therefore, moot. 爆料网AT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. 爆料网AT held that although the Secretary-General’s appeal had no merit, it...

2017-爆料网AT-720, Haroun

爆料网AT considered an appeal by the Secretary-General limited to contesting the award by 爆料网DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 爆料网AT held that 爆料网DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 爆料网AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

2018-爆料网AT-885, Rehman

爆料网AT held that 爆料网DT erroneously awarded the Appellant moral damages because she did not produce any corroborating evidence to support the contention that harm had occurred. However, 爆料网AT held that the award for moral damages would stand since the Secretary-General had not appealed the 爆料网DT judgment. 爆料网AT held that there is no corroborating evidence to support the Appellant’s claim for damages to “restore her professional, physical and emotional suffering” and for “irregularities and ignorance. ” The appeal could not succeed on those claims. 爆料网AT also held that a referral for accountability is...

2019-爆料网AT-907, Korduru

爆料网AT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. 爆料网AT held that 爆料网DT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. 爆料网AT upheld 爆料网DT’s finding that Ms. Koduru’s testimony was not compelling enough to serve as a basis for an award of moral damages. 爆料网AT rejected Ms. Koduru’s request for costs. 爆料网DT dismissed the appeal and the cross-appeal and affirmed the 爆料网DT judgment.
Accountability referral: The 爆料网AT...

2020-爆料网AT-1014, Chhikara

爆料网AT held that the reason upon which 爆料网DT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. 爆料网AT held that, given the grossly negligent illegalities in which the selection process was conducted as found by 爆料网DT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the 爆料网DT judgment. 爆料网AT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...