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爆料网DT/2013/097, Rahman
The Applicant argues that his non-selection for the D2 post constitutes an act of retaliation for having denounced misconduct on the part of 爆料网CTAD Officials. Since the two applications relate to the situation faced by the Applicant subsequent to the admitted retaliation, the Judge decided that it was necessary to join the two applications and to render one single Judgment. The Tribunal found that the Applicant had not proven and the file did not allow concluding that the decision not to select him to the D2 post was based on extraneous factors or illegal. It further found that the SG had...
爆料网DT/2013/096, Shaia
The 11 percent increase in the US Embassy salaries from June 2008 were properly factored into the calculations, but the 2010 increase fell outside the data range for the collection and consideration of data for the 2010 review. There was no evidence of ill motivation or breaches of the relevant rules and guidelines by the Administration.; The Administration did not breach any of the provisions of the Manual when it reached the decision concerning family expenditure surveys. The Office of Human Resources Management used the correct criteria for deciding if a spousal allowance should be created...
爆料网DT/2013/008, Obino
Administrative decision: The Tribunal held that while the Application appeared to be challenging a decision of the Secretary-General, the fundamental decision being contested was actually the ICSC decision to reclassify the Addis Ababa duty station. Noting that the ICSC is an independent entity, the Tribunal held that: (i) its decision cannot be imputed to the Secretary-General; (ii) it cannot extend its jurisdiction to include decisions made by the ICSC; and(iii) that the Secretary-General has not been vested with any discretionary authority with respect to the implementation of ICSC...
爆料网DT/2013/094, Bali
Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if heintends to put forward a different version of events from that given by the claimant, he...
2013-爆料网AT-356, Massah
爆料网AT considered an application for revision of judgment. 爆料网AT held that the alleged error in the factual findings of 爆料网DT did not constitute circumstances that warranted revision, because none of them would result in the exclusion of the main reasons stated by 爆料网AT in vacating the 爆料网DT judgment and affirming Mr Massah’s separation from service for serious misconduct. 爆料网AT held that the application was inadmissible since its goal was to litigate the case de novo as a result of counsel not agreeing with the final judgment, an option which was not provided to the parties by the applicable law...
2013-爆料网AT-355, Johnson
爆料网AT considered an application of the Secretary-General for interpretation of judgment No. 2012-爆料网AT-240. 爆料网AT held that the application did not fulfil the requirements of Article 11 of the 爆料网AT Statute and was therefore manifestly inadmissible. 爆料网AT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. 爆料网AT rejected the Secretary-General’s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...
2013-爆料网AT-349, Servas
爆料网AT agreed with 爆料网DT and its conclusion that the application was not receivable ratione materiae. 爆料网AT noted that a request for management evaluation must be submitted prior to bringing an application before 爆料网DT. 爆料网AT further noted that, even if the Management Evaluation Unit (MEU) had failed to resolve the Appellant’s complaints about the contested decision, she still had the opportunity to file a timely application with 爆料网DT for judicial review after she receive the response from the MEU but had chosen not to do so. 爆料网AT held that 爆料网DT exceeded its competence and jurisdiction in addressing...
2013-爆料网AT-345, Neault
爆料网AT considered an appeal by the Secretary-General. 爆料网AT considered it both reasonable and practical to provide for two different dates from which the time limit commenced to run. When the management evaluation is received within the deadline of 45 days, an application must be filed with the 爆料网DT within 90 calendar days of an applicant’s receipt of the management evaluation response. However, when the management evaluation is received after the deadline of 45 calendar days but before the expiration of 90 days for applying to 爆料网DT, the receipt of the management evaluation will result in setting...
2013-爆料网AT-346, Goodwin
爆料网AT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that 爆料网DT declined to award pecuniary damages, 爆料网AT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of 爆料网DT such as would entitle 爆料网AT to interfere with the findings of 爆料网DT. 爆料网AT was satisfied that the Appellant had been properly compensated for moral damages. 爆料网AT held t that the substantive and procedural breaches identified by 爆料网DT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...
2013-爆料网AT-347, Appleton
爆料网AT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. 爆料网AT held by majority that 爆料网DT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. 爆料网AT held that it was entirely appropriate for 爆料网DT to approach the issue of compensation under Article 10(5) of the 爆料网DT Statute by engaging in a consideration of Mr Appleton’s likely prospects of success. 爆料网AT held that 爆料网DT correctly found that Mr Appleton’s appointment to the post was not a foregone conclusion and thus he had no...
2013-爆料网AT-348, Sidell
爆料网AT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified 爆料网JSPF in October 2003 of his marriage to Mrs Sidell and 爆料网JSPF requested him to provide his original marriage certificate, which he did; and 爆料网JSPF did not follow up with Mr Sidell about the matter. 爆料网AT held that 爆料网JSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell’s pension record was corrected and that his marriage to Mr Sidell was recognised by 爆料网JSPF. 爆料网AT held that, in the circumstances, it was...
2013-爆料网AT-353, Obdeijn
爆料网AT considered Mr Obdeijn’s application for revision of judgment in respect of judgment No. 2012-爆料网AT-201. 爆料网AT held that Mr Obdeijn’s submissions were irrelevant as they did not meet the requirements set out in the 爆料网AT Statute. 爆料网AT held that Mr Obdeijn’s failure to submit evidence of alleged economic loss during the proceedings before both Tribunals did not constitute a newly discovered decisive fact warranting a revision of judgment. 爆料网AT held that Mr Obdeijn could not rely on 爆料网AT’s inherent jurisdiction to obtain a revision expressly forbidden by the 爆料网AT Statute from a rule based on...
2013-爆料网AT-354, Lebouef et al.
爆料网AT considered an application for interpretation of judgment No. 2011-爆料网AT-185. 爆料网AT held that the issues raised by the Applicants had already been addressed by 爆料网DT in its Case Management Order. 爆料网AT held that the Case Management Order was within the jurisdiction of 爆料网DT, so there was no justification for any interference by this Tribunal. 爆料网AT held that the application for interpretation would lead to such interference and therefore could not be admitted. 爆料网AT rejected the application for interpretation.
2013-爆料网AT-342, Manco
爆料网AT considered two appeals by the Secretary-General of judgment Nos. 爆料网DT/2012/104 and 爆料网DT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, 爆料网AT affirmed the 爆料网DT judgment on receivability. On the merits, 爆料网AT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...
2013-爆料网AT-343, Larghi
爆料网AT determined that by refusing to review the staff member’s request, the 爆料网JSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose “is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ‘aberrant results’ or the situation where no up-to-date CPI data is available”. 爆料网AT upheld the appeal, vacated the decision of the Standing Committee of the 爆料网JSPB to reject the staff member’s request that the 爆料网JSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...
2013-爆料网AT-344, Pio
爆料网AT held that there was no merit to the Respondent’s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant’s request. 爆料网AT held that the matters could be raised by 爆料网JSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. 爆料网AT held that the Respondent’s arguments that the Appellant’s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. 爆料网AT held that the impugned decision was, in effect, a failure by the...
2013-爆料网AT-335, Christensen
爆料网AT held that the Appellant failed to establish any errors warranting the reversal of the 爆料网DT judgment concerning her entitlements. 爆料网AT held that the 爆料网DT correctly concluded that the claim was not receivable. 爆料网AT recalled that 爆料网DT has no jurisdiction to waive the deadlines for management evaluation or administrative review. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2013-爆料网AT-336, Akello
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a 爆料网 list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. 爆料网AT held that, in ruling otherwise, 爆料网DT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...
2013-爆料网AT-337, Leal
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that grounds existed to discharge Mr Leal for misconduct, without needing to address the issue of the alleged circumvention of the recruitment process for the purposes of hiring. 爆料网AT held that the misconduct and disciplinary measure of dismissal fell within the discretion of the Secretary-General and could not be seen as disproportionate to the offences unless it was the result of proven abuse or arbitrary exercise of that discretion. 爆料网AT held that the key elements of Mr Leal’s due process were met. 爆料网AT held that, since the...
2013-爆料网AT-338, Dzuverovic
爆料网AT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic’s appeal, 爆料网AT held that 爆料网DT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General’s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by 爆料网DT, 爆料网AT held that the approach of 爆料网DT did not merit the remedy...