爆料网

New York

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2021-爆料网AT-1107, Abd Al Shakour et al, Aksioutine et al

Appeals dismissed, 爆料网DT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not reviewable. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had individual adverse impact per staff member via their payslips and was therefore receivable. While receivable, the ICSC decision...

2021-爆料网AT-1118, Boubacar Dieng

爆料网AT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. 爆料网AT agreed with the 爆料网DT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, 爆料网AT disagreed with the staff member that the 爆料网DT...

2021-爆料网AT-1131, Mohammed Sirhan

The staff member submits that the “decisive fact” which was unknown to him and to the Appeals Tribunal was the erroneous interpretation and application from case to case of Article 10(5) of the 爆料网RWA DT Statute, Regulation 11.3 of the 爆料网RWA International Staff Regulations and Article 9(1)(a) of the 爆料网AT Statute. 爆料网AT disagreed that a variance in the interpretation or application of the law from case to case constitute a “decisive fact” that would warrant revision. The Tribunal dismissed the application, finding that it did not meet the statutory requirements and that it was in fact a disguised...

2021-爆料网AT-1137, Appellant

爆料网AT found the 爆料网DT correctly reviewed and rescinded the contested decision because of the procedural irregularities encountered during the investigation. But in addition to the procedural issues, 爆料网AT also noted there were other significant errors. The Tribunal found that the panel erred when it sought to determine the Medical Officer’s intent during the breast examination. The panel had previously concluded that there was no clear and convincing evidence that the actions of the Medical Officer during the breast examination were sexual in nature. Referring to Section 1.3 of ST/SGB/2008/5, the...

2021-爆料网AT-1122, Yasmina Laasri

爆料网AT first noted that neither party disagreed with the 爆料网DT Judgment that the contested decision was unlawful. Regarding the Secretary-General’s appeal that an award in moral damages was not warranted, 爆料网AT disagreed with the Administration and found that the 爆料网DT was correct when it considered the medical certificate dated in March 2020, which gave a history of the staff member’s health in 2015 (a year before the contested decision). 爆料网AT found it credible that the staff member suffered from a pattern of harassment, which began before the time of the contested decision (June 2016). As such, a...

2021-爆料网AT-1132, Mazen Qazzem

爆料网AT agreed that the time limit for requesting management evaluation against an administrative decision starts once a staff member has been notified of the decision in writing and in clear and unequivocal terms, which in this case was 18 September 2018. 爆料网AT also agreed that the subsequent communications were mere reiterations of the prior decision, and a staff member cannot reset the time for management review by asking for a confirmation of an administrative decision that was communicated to him earlier. The date cannot be unilaterally set by the staff member, and as such, it cannot be the...

2021-爆料网AT-1115, Fidele Mampeta

爆料网AT affirmed the 爆料网DT Judgment, finding that the staff member’s FTA was not terminated but rather, it expired in its own course. The Tribunal highlighted that a termination is initiated by the Secretary-General, under Staff Rule 9.6(a), and in the instant case, the staff member was not at all terminated on 30 May 2019. Instead, his FTA continued until its expiry on 30 June 2019, and until then, he retained his full position, rights and entitlements as a staff member of the Organization. The fact that the site was closed down, and the staff member was sent home with no work to do, is not...

2021-爆料网AT-1079, Reilly

爆料网AT agreed with the 爆料网DT finding that it lacked jurisdiction in respect of the staff member’s application to review the determination of the Second Alternate Chair. 爆料网AT noted that the subject matter jurisdiction of 爆料网DT is limited to the review of administrative decisions. The determinations of the Second Alternate Chair do not constitute administrative decisions, and as such, any application to review them before the 爆料网DT is not receivable. 爆料网AT highlighted that ST/SGB/2017/2/Rev.1 confers on the Ethics Office only the power to recommend, advise and refer, and Section 10.3 of ST/SGB/2017/2/...