Search
2017-爆料网AT-773, Ali
爆料网AT found no error in the 爆料网RWA DT finding that the application was not receivable ratione temporis. 爆料网AT rejected the Appellant’s contention that 爆料网RWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of 爆料网RWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the 爆料网RWA DT Statute prevents 爆料网RWA DT from receiving a case which...
2017-爆料网AT-774, Awe
爆料网AT held, agreeing with 爆料网DT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel’s report to the participants of the SMT meeting and recipients of the minutes. 爆料网AT held that the reprimand in the offender’s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe’s reputation and career. 爆料网AT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...
2017-爆料网AT-775, Onifade
爆料网AT considered Mr Onifade’s application for revision of judgment No. 2016-爆料网AT-668. 爆料网AT held that there was no evidence before it to support the application. 爆料网AT held that Mr Onifade had failed to show that the first MOP form was unknown to him at the time the judgment was rendered and he had presented no decisive fact which was, at the time the judgment was rendered, unknown to him and 爆料网AT. 爆料网AT held that the application did not meet the criteria established under Article 11(1) of the 爆料网AT Statute and Article 24 of the 爆料网AT RoP. 爆料网AT held that the application had no merit and dismissed it...
2017-爆料网AT-776, Ibrahim
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. 爆料网AT held, agreeing with 爆料网DT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, 爆料网AT dismissed the cross-appeal. 爆料网AT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. 爆料网AT held that, apart from the direct link between the manipulation of the bottle of wine by...
2017-爆料网AT-777, Faust
爆料网AT held that the Appellant’s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. 爆料网AT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. 爆料网AT noted that 爆料网FCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. 爆料网AT found no fault in 爆料网DT’s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the...
2017-爆料网AT-778, Faust
爆料网AT rejected the argument that the written test should have been prepared by the Hiring Manager, and not the direct supervisor of the position. 爆料网AT held, in agreement with the 爆料网DT’s conclusion, that the Appellant had failed to show that the Hiring Manager’s intervention in the preparation of the written test resulted in her non-selection for the contested post. 爆料网AT held that the Appellant’s claim was fully and fairly considered by 爆料网DT. 爆料网AT found no fault in 爆料网DT’s finding that the design, conduct, and evaluation of the written test did not constitute a violation of the Appellant’s right...
2017-爆料网AT-779, Abu Hweidi et al.
Ar爆料网AT held that 爆料网RWA DT’s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, 爆料网AT held that 爆料网RWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. 爆料网AT held that the inference drawn by 爆料网RWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...
2017-爆料网AT-748, Sharbaji
爆料网AT agreed with 爆料网RWA DT’s finding. 爆料网AT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. 爆料网AT accepted the 爆料网RWA DT’s finding that there was a genuine redundancy situation. 爆料网AT held that there was no evidence before it to support the Appellant’s contention that 爆料网RWA DT erred in law. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2017-爆料网AT-749, Ayoub
爆料网AT held that there was no evidence before it to support the contention that 爆料网RWA DT erred in law. 爆料网AT upheld the findings of 爆料网RWA DT that there was no evidence that the decision to abolish the Appellant’s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. 爆料网AT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. 爆料网AT found no procedural irregularity or any error in law on the part of 爆料网RWA DT...
2017-爆料网AT-769, Haj Saleh
爆料网AT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by 爆料网RWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. 爆料网AT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant’s post. 爆料网AT held that 爆料网RWA DT properly treated the question of the Appellant’s additional work in light of PD A/3 related to the parallel education programme...
2017-爆料网AT-763, Crotty
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr. Crotty’s application receivable. 爆料网AT held that in light of 爆料网DT’s error in receiving the application, the 爆料网DT’s...
2017-爆料网AT-764, Zachariah
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held the 爆料网DT correctly determined that Mr. Zachariah was challenging an administrative decision that produced direct legal consequences affecting his employment. 爆料网AT held that there was no merit to the complaint that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr. Zachariah’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of 爆料网DT to adequately interpret and comprehend the application and that 爆料网DT had the inherent power to...
2017-爆料网AT-765, Fasanella
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held the 爆料网DT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. 爆料网AT held that there was no merit to the complaint that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of 爆料网DT to adequately interpret and comprehend the application and that 爆料网DT had the inherent power to...
2017-爆料网AT-766, Alsado
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Alsado’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s...
2017-爆料网AT-767, Wright
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr Wright’s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Wright’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s...
2017-爆料网AT-768, Smith
爆料网AT considered an appeal by the Secretary-General. On the issue of receivability, 爆料网AT held that 爆料网DT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. 爆料网AT held that there was no merit in the Secretary-General’s submission that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith’s request for management evaluation and the MEU’s response, on the basis that it was the role of 爆料网DT to adequately interpret and...
2017-爆料网AT-750, Kagizi et al.
爆料网AT consolidated the 51 appeals into seven groups heard by seven judicial panels, the first group (Kagizi et al. judgment No. 爆料网DT/2016/131) being heard by the full bench. 爆料网AT dismissed the appeals. 爆料网AT confirmed 爆料网DT’s finding that the appellants lacked standing to challenge the non-renewal of their appointments in so far as they were deemed to be a direct challenge against the General Assembly’s decision to abolish the posts. 爆料网AT noted that, while in other aspects, 爆料网DT regarded the applications as receivable and dealt with the merits of the case, those findings were not substantially...
2017-爆料网AT-759, Hassanin
爆料网AT vacated 爆料网DT’s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, 爆料网AT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...
2017-爆料网AT-760, Sa'adeddin
爆料网AT held that 爆料网RWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. 爆料网AT upheld the 爆料网RWA DT’s findings that the provisions in the GMIP were mandatory for the 爆料网RWA, that the GMIP does not include a provision with respect to retroactivity, and that 爆料网RWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. 爆料网AT held that the GMIP could not apply outside of its scope of application. 爆料网AT held that there was no evidence that 爆料网RWA DT erred on the law or the facts, and that the Appellant’s...
2017-爆料网AT-761, Michaud
As a preliminary matter, 爆料网AT denied the Appellant’s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. 爆料网AT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to 爆料网DP. 爆料网AT held that the recommendation by OAIS was not an administrative decision. 爆料网AT held that 爆料网DT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...