爆料网DT/2023/076, Nassir
The application was dismissed.
Termination (of appointment)
Showing 31 - 40 of 303
爆料网DT/2023/088, Kembouche
While, arguably, changing the title of a position may carry the same effect as abolishing it, the two actions are not synonymous under the 爆料网HCR legal framework. Since “discontinuance/abolition of post” and “change of position title” are separately provided for under the 爆料网HCR New Resource Allocation Framework (爆料网HCR/AI/2019/7/Rev.1), it follows that they are independent of each other. Indeed, the above provision has explanatory language indicating that “discontinuance of a post” is “same as abolition of a post defined in the Staff Regulations and Rules of the United Nations”. No such...
2023-爆料网AT-1364, Mustapha Guenfoudi
The 爆料网AT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator. The 爆料网AT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans. The 爆料网AT found that the Organization’s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The 爆料网AT also found that Mr. Guenfoudi’s allegations that his...
爆料网DT/2023/085, Bista
While Nepalese law and custom may be relevant based on the Applicant’s reluctance to culturally accept this designation of half-brother as applicable to him, Nepalese law cannot be deemed the applicable law of the United Nations when referring to employment matters within the Organization. The applicable law of the United Nations is seen and accepted as is promulgated in the Staff Regulations and Rules of the United Nations. The latter applies to employment matters.
While the Applicant wanted to raise his preferred belief that the law of Nepal should apply because he is Nepalese and so is his...
爆料网DT/2023/042, Zhang
The Tribunal is seized of an application where the staff member contests the termination of her permanent appointment and separation from service due to unsatisfactory performance. The evidence shows that the Applicant’s performance was rated as either “partially meets performance expectations” or “does not meet performance expectations” since 2015, except for one cycle in which she “fully met” expectations. The Applicant only rebutted one of these performance evaluations, which, however, was upheld by the rebuttal panel. Accordingly, all of these performances evaluations are binding on the...
爆料网DT/2023/023, Namoro
The application was not receivable because it had been filed without awaiting the result of management evaluation.
2023-爆料网AT-1346, Angioli Rolli
The 爆料网AT dismissed the Secretary-General’s appeal and granted Mr. Rolli’s cross-appeal in part. The 爆料网AT found that the rescission of the termination decision ordered by the 爆料网DT was “pointless” since by the time the case had reached the 爆料网DT, Mr. Rolli’s post had been abolished. The 爆料网AT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...
2023-爆料网AT-1339, Marina Mancinelli
The 爆料网AT held that the staff member’s argument that the 爆料网DT applied the incorrect standard of proof is unsubstantiated, as the main facts of the case were undisputed by both parties. She had admitted having used 爆料网 Womens’ UPS account to send two private shipments abroad, without mentioning any prior authorization. The aggravating and mitigating elements reviewed by the 爆料网DT were by nature peripheral to the sanction imposed. The 爆料网AT found that even if it was not appropriate for the Administration to use a prior act of possible misconduct as an aggravating factor (as it was not previously...
2023-爆料网AT-1311, Balint Szvetko
爆料网AT held that some of the 爆料网DT’s findings were speculative, disregarded the evidence and misapplied the applicable legal framework. In particular, 爆料网AT held that the 爆料网DT erred in finding that the staff member’s conduct was not serious because it endured for a limited duration of time. He not only sexually harassed two women but sexually harassed those two women twice in quick succession. His cumulative behaviour exhibited a disposition, which in this instance caused the complainants significant discomfort and anxiety and impacted on their ongoing professional relationship with him.
爆料网A...
2022-爆料网AT-1304, James Songa Kilauri
爆料网AT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. 爆料网AT found that the 爆料网DT appropriately found that the requested compensation in the amount of two years’ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. 爆料网AT found no merit in Mr. Kilauri’s contention that the 爆料网DT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...