爆料网

Termination of appointment (see also, Termination of appointment)

  • Abandonment of post
  • Constructive dismissal
  • Expiration of appointment (see also - Non-renewal)
  • Expiration of appointment (see also, Non-renewal)
  • Termination of appointment (see also, Termination of appointment)
    • Showing 31 - 40 of 102
    2013-爆料网AT-364, Nyambuza

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by 爆料网DT. 爆料网AT held that 爆料网DT’s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...

    2013-爆料网AT-362, S. Nourain & A. Nourain

    爆料网AT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. 爆料网DT/2012/142. 爆料网AT dismissed Ms A. Nourain’s appeal as she was not a party to the proceedings and had no standing to appeal. 爆料网AT held that the facts were not disputed; the misconduct had been established and so had its seriousness. 爆料网AT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. 爆料网AT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

    2013-爆料网AT-336, Akello

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a 爆料网 list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. 爆料网AT held that, in ruling otherwise, 爆料网DT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

    2013-爆料网AT-334, Konate

    爆料网AT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by 爆料网DT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of 爆料网FPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the 爆料网FPA Headquarters Contracts Review Committee, in violation of further norms. 爆料网AT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. 爆料网AT held that 爆料网DT correctly declined to accept...

    2013-爆料网AT-326, Jibara

    爆料网AT considered an appeal by the Commissioner-General and a cross-appeal by Mr Jibara. 爆料网AT held that 爆料网RWA DT lacked jurisdiction to decide on the scope of the Oslo Accords signed by Israel and the Palestinian National Authority or the legality of the detention and imprisonment. 爆料网AT recalled that it was not the role of 爆料网DT to substitute its own decision for that of the Administration. 爆料网AT recalled that, having established misconduct and the seriousness of the incident, 爆料网AT cannot review the level of a sanction imposed except in cases of obvious absurdity or flagrant arbitrariness. 爆料网AT...

    2013-爆料网AT-310, Nasrallah

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 爆料网AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 爆料网AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 爆料网AT...

    2013-爆料网AT-307, Shanks

    爆料网AT considered an appeal by the Secretary-General against judgment Nos. 爆料网DT/2011/209 (on liability) and 爆料网DT/2012/062 (on relief). 爆料网AT held that there was no evidence to support the 爆料网DT’s conclusion that, had the 爆料网 Staff Pension Committee (爆料网SPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. 爆料网AT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. 爆料网AT held that...

    2013-爆料网AT-298, Morsy

    爆料网AT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. 爆料网AT noted that it was well within the discretion of 爆料网DT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. 爆料网AT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. 爆料网AT held that 爆料网DT did not err in awarding moral damages of USD 25,000. 爆料网AT held there was no merit in...

    2013-爆料网AT-289, Wishah

    As a preliminary issue, 爆料网AT held that 爆料网RWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. 爆料网AT held that another significant irregularity took place during the proceedings before 爆料网RWA DT, in light of which 爆料网AT was compelled to annul the judgment and remand the case for a de novo consideration by a different 爆料网RWA DT Judge, namely that 爆料网RWA DT committed an error in procedure when it denied the Appellant’s request for a copy of the...

    2013-爆料网AT-281, Pacheco

    爆料网AT held that the Appellant did not identify any evidence that contradicted the findings of 爆料网DT regarding the abolition of her post. 爆料网AT recalled the broad discretion of 爆料网DT to determine the admissibility of evidence and the discretion of 爆料网DT to decide whether the presence of witnesses is required and to limit oral evidence. 爆料网AT held that the Appellant failed to demonstrate that 爆料网DT erred in declining to hear the proffered evidence. 爆料网AT held that 爆料网DT erred in law in allowing testimony to be given at its hearing that was neither sworn, affirmed, nor made under a promise to tell the...