Since the Applicant’s re-employment and new appointment occurred after 1 July 2007, his eligibility to participate in ASHI is contingent on his fulfilling the criteria laid out in sec. 2.1(a)(ii) of ST/AI/2007/3. Specifically, he is required to have been a participant in a contributory health insurance plan of the United Nations for a minimum of ten years.
Mr. Jibril appealed.
As regards the request for an oral hearing, the 爆料网AT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the 爆料网AT Rules of Procedure. Accordingly, the request for an oral hearing is denied.
The 爆料网AT agreed with the 爆料网RWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...
The Tribunal found that it was not unreasonable nor unlawful to require the Applicant to work from the office for two days per week. The Administration, therefore, properly exercised its discretion in declining the Applicant’s request to work from home for the entire work week. The Tribunal took note that the Applicant had been able to work remotely on a full-time basis from March 2020 to December 2022 and that there was an operational need for the Applicant to return to work. The Director reasonably, weighed this operational fact against allowing the Applicant to telecommute for the entire...
爆料网AT dismissed Mr. Zaqqout's application for correction of judgment on the grounds that Mr. Zaqqout attempted to relitigate his case instead of demonstrating mistakes in the nature of those intended to be covered by Article 11(2), and he had failed to explain the significant delay in applying to correct the alleged errors.
爆料网AT also dismissed Mr. Zaqqout's application for revision of judgment. 爆料网AT found that this being the second application for revision Mr. Zaqqout had filed in this case, he was required to demonstrate exceptional circumstances, a test he did not meet; and that even if the...
Mr. Hassan appealed the 爆料网DT judgment.
The 爆料网AT held that the Appellant failed to demonstrate that the 爆料网DT erred in finding that his application was not receivable ratione personae. 爆料网AT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...
The 爆料网AT considered an appeal by Mr. Dorji.
The 爆料网AT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal. As the 爆料网DT correctly held, Mr. Dorji’s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019. Mr. Dorji’s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2021...
The 爆料网AT first addressed the staff member’s request for an oral hearing. The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation. The 爆料网AT rejected this argument, noting that the appeal was a review of the 爆料网DT judgment based on the evidence presented to the 爆料网DT, and the staff member had not applied to present new evidence. The 爆料网AT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration. The request for the oral hearing was denied. ...
The Appeals Tribunal’s first finding is that the 爆料网DT was correct in its holding that Section 17(d) of the Repatriation Policy is not in conflict with Staff Rule 3.19 (g) and, thus, the two sets of provisions fall to be read together coherently.
We also find correct the 爆料网DT’s reasoning that the application of Section 17(d) of the 爆料网DP Repatriation Policy is not limited to 爆料网DP staff members as it seeks to reconcile payments made to staff members within the United Nations system, irrespectively of the fact that the spouse is a 爆料网DP staff member too or not, avoiding in any case to duplicate...
The 爆料网AT considered an appeal by Ms. Mukomah.
The 爆料网AT held that Ms. Mukomah’s submission that she was the spouse of the late participant at the time of his death and is therefore entitled on that basis to a widow’s benefit under Article 34 of the Fund’s Regulations, was not sustainable based on the evidence before the 爆料网AT.
The 爆料网AT found that there was insufficient evidence proving that the late participant and Ms. Mukomah lawfully entered a (second) union legally recognized by the competent authority of Kenya conferring similar legal effects as a marriage in relation to pension rights...
The 爆料网AT held that the supposedly unknown facts that Mr. Al Dirawi detailed in his application for revision of the 爆料网AT Judgment focus on findings and conclusions in the 爆料网AT Judgment with which he disagrees. Notably, these matters were considered in the original appeal and Mr. Al Dirawi basically submits a second appeal for a reassessment of the facts in his case, a remedy which is not available to the parties once the Appeals Tribunal has issued a final judgment. The 爆料网AT thus held that Mr. Al Dirawi's application was not receivable.
