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2017-爆料网AT-747, Ngokeng

爆料网AT held that the 爆料网DT’s suggestion that the standard of proof required to rebut the presumption of regularity should be one of preponderance of evidence, was not correct and that the rebuttal of the presumption should occur only where clear and convincing evidence establishes that an irregularity was highly probable. 爆料网AT held that the Appellant’s version did not support an inference of corruption of the process or that he was not fully and fairly considered. 爆料网AT held that although the Appellant met all the educational, work experience, and language requirements of the position, he failed...

2017-爆料网AT-721, Ncube

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in finding that the Administration had failed to provide a performance-related justification for its decision not to renew Mr Ncube’s fixed-term appointment. 爆料网AT held that the decision not to renew Mr Ncube’s appointment had to be upheld despite the fact that his e-PAS suffered from procedural irregularities as it did not consider that the flaws rendered the appraisal unlawful or unreasonable. 爆料网AT considered that the decision not to renew the appointment was justified because the Secretary-General proved that the...

2017-爆料网AT-722, Auda

爆料网AT had before it an appeal against both 爆料网DT/2016/106/Corr.1 and 爆料网DT/2016/106/Corr.2 which did not concern the determination on the merits of the application, but rather the rejection of the Appellant’s application for interim measures by the 爆料网DT and certain conduct by the 爆料网DT and its Registrar. 爆料网AT held that the Appellant’s criticisms of the 爆料网DT decision to amend its own Judgment were well-founded as the corrections went beyond clerical mistakes or errors arising from any accidental slips or omissions; they were unexplained corrections that altered the main findings of the Judgment and...

2017-爆料网AT-723, Chhikara

As a preliminary issue, Mr Chhikara brought a motion seeking leave to adduce additional evidence in the form of an affidavit setting out his credentials for the post and credentials of the selected candidate, claiming that he was not aware that this information was relevant at the time he made his initial submissions. 爆料网AT refused this motion on the basis that no exceptional circumstances were demonstrated and that Mr Chhikara’s explanation that he only realized the relevance of additional evidence after the 爆料网DT decision did not escape the fact that it was known to him at the time. As another...

2017-爆料网AT-724, Mihai

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that although 爆料网DT did not expressly rescind the impugned decision to withdraw the offer of appointment, the award of compensation in lieu of rescission could be read as an implied order of rescission. 爆料网AT held that 爆料网DT gave no reasoning for the calculation of compensation, nor did it specify what amount corresponded to in-lieu compensation and what amount as compensation for loss of opportunity. 爆料网AT awarded three months’ net base salary as compensation in lieu of rescission of the impugned decision to withdraw the offer of...

2017-爆料网AT-725, Baracungana

爆料网AT held that 爆料网DT did not have the power to remand the case back to the ABCC, since an order under that provision requires the concurrence of the Secretary-General to that effect. 爆料网AT held that the only proper course for 爆料网DT to take was either to remand the case to the ABCC with the Secretary-General’s concurrence or to consider whether the procedural flaws warranted the rescission of the impugned administrative decision. 爆料网AT held that 爆料网DT, by making an order to remand the case to the Administration without the concurrence of the Secretary-General, exceeded its competence and committed...

2017-爆料网AT-744, Krioutchkov

爆料网AT refused the Appellant’s application for an oral hearing. 爆料网AT held that the eleven new grounds of appeal raised by the Appellant for the first time on appeal were not receivable. They were for the most part alleged minor procedural defects that in all probability if proven, would have minimal, if any, impact on the fair and full consideration received by the Appellant. 爆料网AT held that the reasoning of 爆料网DT was sound and unassailable, that it correctly determined the issues and dismissed the Appellant’s grounds of review for sustainable reasons. 爆料网AT held that it was unable to identify any...

2017-爆料网AT-716, Cohen

爆料网AT considered an application to 爆料网AT contesting the Conciliation Committee’s decision to recommend compensation of USD 35,000. 爆料网AT dismissed the motion of Ms Cohen seeking reconsideration of a 爆料网AT Order granting the ICJ Registrar additional time to file his answer. On Ms Cohen’s application for permission to reply to the ICJ Registrar’s answer on the grounds that neither the ICJ Registrar nor the Conciliation Committee addressed the testimony on record in their decisions, 爆料网AT considered that exceptional circumstances existed and granted the motion. 爆料网AT held that, absent a successful...

2017-爆料网AT-718, Bagot

爆料网AT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. 爆料网AT held that the Commissioner-General’s cross-appeal was receivable. 爆料网AT agreed with the findings of 爆料网RWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. 爆料网AT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

2017-爆料网AT-720, Haroun

爆料网AT considered an appeal by the Secretary-General limited to contesting the award by 爆料网DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 爆料网AT held that 爆料网DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 爆料网AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

2017-爆料网AT-743, Jean

爆料网AT held that 爆料网DT committed an error of law. 爆料网AT held that the record did not support the finding that the Appellant was notified for the purposes of Staff Rule 11.2(c) during her June 2014 meetings (or any previous ones) with the effect of triggering the time limits thereunder for her request for management evaluation. 爆料网AT noted that the minutes upon which 爆料网DT based its finding were unsigned, undated, and not shared with the Appellant at the time. 爆料网AT noted that the meetings of June 2014 did not have the aim of notification of the administrative decision of the non-renewal of her...

2017-爆料网AT-710, Tarr

爆料网AT held that 爆料网DT did not err on a question of law or fact and had identified the relevant administrative decision to trigger the time limits for a request for management evaluation. 爆料网AT held there was no legal difference between an assignment and a reassignment. 爆料网AT held that the Appellant’s argument that two different administrative decisions were notified to her was without merit. 爆料网AT held that the Appellant’s argument that a communication of entitlements and benefits cannot constitute a notification of the underlying administrative decision concerning status was without merit. 爆料网AT...

2017-爆料网AT-711, Krioutchkov

爆料网AT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. 爆料网AT held that the Appellant merely reiterated allegations already thoroughly examined by 爆料网DT. 爆料网AT held that the Appellant failed to demonstrate any error in the 爆料网DT findings such as to warrant its reversal. 爆料网AT held that there was no merit in the appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2017-爆料网AT-712, Krioutchkov

On the amount of compensation in lieu of rescission, 爆料网AT held that 爆料网DT correctly applied Article 10(5) of the 爆料网DT Statute. 爆料网AT held that there was no fault with the 爆料网DT’s award of compensation of USD 2,000, noting that 爆料网DT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. 爆料网AT held that absent any error of law or manifestly unreasonable factual findings 爆料网AT would not...

2017-爆料网AT-713, Tsoneva

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law when it held that the amendment to Article 10(5)(b) of the 爆料网DT Statute, which required harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force, on the basis that an award of damages takes place at the time the award is made. 爆料网AT held that applying the amended statutory provision is not the retroactive application of law but rather, it is applying existing law. 爆料网AT held that 爆料网DT erred in law by not...

2017-爆料网AT-714, Tsoneva

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law when it held that the amendment to Article 10(5)(b) of the 爆料网DT Statute, which requires harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force on the basis that an award of damages takes place at the time the award is made. 爆料网AT noted that applying the amended statutory provision was not the retroactive application of law but rather, it was applying existing law. 爆料网AT held that 爆料网DT erred in law by not...

2017-爆料网AT-715, Charot

On the issue of 爆料网DT’s denial of the Appellant’s request for confidentiality, 爆料网AT held that 爆料网DT did not err in law or fact in denying her request as if confidentiality were attached to the identity of each staff member, there would be no transparency. 爆料网AT did not admit into evidence additional documents as they were of no assistance to it and there were no exceptional circumstances. 爆料网AT held that the Appellant merely gave passing reference to the 爆料网AT Statute’s grounds of appeal and offered no legal authority to support her claims. 爆料网AT agreed with the characterization of the issue by 爆料网DT...

2017-爆料网AT-742, Kallon

爆料网AT considered the Secretary-General’s appeal by a full bench of 爆料网AT. The majority of the judges upheld 爆料网DT’s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for 爆料网DT’s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the 爆料网DT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...