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2019-爆料网AT-975, Reilly
爆料网AT held that the Appellant did not meet her burden of proving that 爆料网DT clearly exceeded its jurisdiction or competence when it reassigned the cases. 爆料网AT held that the 爆料网DT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal’s processes and within the 爆料网DT’s jurisdiction. 爆料网AT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. 爆料网AT held that 爆料网DT did not clearly exceed its jurisdiction and the appeals were not receivable. 爆料网AT also noted that it does...
2019-爆料网AT-948Corr.1, Bezziccheri
As a preliminary matter, in response to the Appellant’s request for interim measures, in which she requested that the Secretary-General complied with the 爆料网DT judgment insofar as it had not been appealed against, 爆料网AT denied the motion on the basis that execution should have been requested before 爆料网DT. On the Appellant’s motion to strike assertions and evidence, 爆料网AT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, 爆料网AT held that the appeal was limited to the request for further compensation, as per the Appellant’s Power of Attorney document, and...
2019-爆料网AT-965, Alkarazoun
爆料网AT held that the Appellant simply put forward several general complaints related to the alleged merits of her case but did not argue that the judgment was defective or that 爆料网RWA DT committed an error in deciding that her application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2019-爆料网AT-966, Krioutchkov
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 Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. 爆料网AT held that 爆料网DT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. 爆料网AT held that 爆料网DT contradicted 爆料网AT’s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...
2019-爆料网AT-967, Olowo-Okello
On the question of the non-renewal of appointment, 爆料网AT held that 爆料网DT correctly concluded that (1) the Appellant’s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant’s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the “decision” of the Administration to place adverse material in the Appellant’s official status file and to block him from being rehired, 爆料网AT held there was no final, appealable...
2019-爆料网AT-968, Fortis
On the matter of the deduction of 7,000 Euros paid to the Appellant’s ex-wife from his final emoluments, 爆料网AT agreed with the 爆料网DT’s finding that the Appellant’s application was not receivable ratione materiae, although for different reasons than those given by 爆料网DT. 爆料网AT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. 爆料网AT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final...
2019-爆料网AT-969, Argyrou
爆料网AT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. 爆料网AT held that the 爆料网DT’s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. 爆料网AT held that the Appellant’s argument that his overtime work without compensation over the years was in violation of the Administration’s responsibility to establish a normal working week for its employees and was thus a continuous...
2019-爆料网AT-970, Adnan-Tolon
As a preliminary matter, 爆料网AT declined to receive the Appellant’s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before 爆料网DT, or demonstrate its relevance and materiality. On the merits, 爆料网AT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. 爆料网AT held that knowledge of the...
2019-爆料网AT-971, Al-Refaea
爆料网AT held that the appeal was defective for failure to identify errors made by 爆料网RWA DT. However, noting that the Appellant was self-represented, 爆料网AT considered whether 爆料网RWA DT erred in finding that 爆料网RWA had properly exercised its discretion in transferring the Appellant. 爆料网AT held that 爆料网RWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant’s application. 爆料网AT upheld 爆料网RWA DT’s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...
2019-爆料网AT-972, Al Othman
爆料网AT held that 爆料网RWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. 爆料网AT held that 爆料网RWA DT erred in its assessment of the alleged victim’s credibility. 爆料网AT held that, contrary to 爆料网RWA DT’s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. 爆料网AT held that 爆料网RWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. 爆料网AT held that 爆料网RWA erred in its assessment of the Appellant’s credibility, in particular...
2019-爆料网AT-973, Gisage
MOn the issue of receivability, 爆料网AT held that 爆料网DT erred in concluding that the application was receivable in its entirety, as each of the three decisions taken on ALWOP were distinct and the Appellant failed to seek management evaluation of the first and second decisions. 爆料网AT held the application was only receivable ratione materiae in respect of the third and last decision. 爆料网AT held that 爆料网DT’s finding that no exceptional circumstances existed to warrant the extension of the Appellant’s ALWOP was a material error of law. 爆料网AT held that 爆料网DT erred in concluding that 12 months ALWOP was...
2019-爆料网AT-977, Symeonides
The Appellant sought reversal of the 爆料网DT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. 爆料网AT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. 爆料网AT held that the Appellant failed to submit a request for management evaluation. 爆料网AT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. 爆料网AT dismissed the appeal and...
2019-爆料网AT-964, Mahmoud
On the Appellant’s complaint that the non-selection decision was tainted by procedural irregularity and bias, 爆料网AT noted that the presence of two directors from the Education Department on the interview panel did not offend 爆料网RWA’s regulatory framework. 爆料网AT held that it was possible to infer reasonably from the interview panel’s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. 爆料网AT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...
2019-爆料网AT-961, Wilson
爆料网AT held that the case was distinguishable from Finniss (judgment No. 2014-爆料网AT-397) since there was no allegation of bias, discrimination, or any other kind of deteriorated or privileged relationship between the involved candidate and the Deputy CEO. 爆料网AT disagreed with 爆料网DT’s holding that the Deputy CEO should not have acted as a voting member of the assessment panel. 爆料网AT held that in order to exclude the Deputy CEO’s involvement in the selection exercise, there must be reasonable grounds and/or evidence of extraneous or improper motives, of which there was none (except unsubstantiated and...
2019-爆料网AT-962, Amineddine
As preliminary matters, 爆料网AT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant’s in-session motion, viewed by 爆料网AT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...
2019-爆料网AT-963, Awe
The Applicant filed a second application for interpretation of judgment No. 2017-爆料网AT-774 and an application for execution of judgment No. 2018-爆料网AT-827. Subsequently, the Applicant requested leave to withdraw these two applications. 爆料网AT granted leave to withdraw the applications and directed the Registrar to close the cases.
2019-爆料网AT-951, Allen
爆料网AT held that 爆料网DT did not err that, in the circumstances of the complaints made and the importance of the Appellant’s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. 爆料网AT held that 爆料网DT ought not to have relied upon Morsy (judgment No. 2013-爆料网AT-298), Assale (judgment No. 2015-爆料网AT-534), and Sarwar (judgment No. 2017-爆料网AT-757) as it did. 爆料网AT noted that in the Appellant’s case, not only was there a performance-related justification required to be established but no proper...
2019-爆料网AT-952, Rolli
爆料网AT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. 爆料网AT held that because the factual basis for the JAB’s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. 爆料网AT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...
2019-爆料网AT-953, McIlwraith et al
爆料网AT held that the consideration of transferable skills as a criterion for future permanent appointment for staff members serving in a downsizing entity is a relevant factor and a legitimate consideration because the finite mandate of the International Criminal Court for the Former Yugoslavia (ICTY) meant that such staff members had no realistic career prospects in that entity. 爆料网AT held that there was a rational basis for the denial of permanent appointments for the language staff (professional and general service) given the winding down of ICTY and the diminishing need for Bosnian, Croatian...
2019-爆料网AT-954, Ademagic et al
As a preliminary matter, 爆料网AT declined the Appellants’ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants’ argument that 爆料网AT had erred previously in establishing the criteria in permanent appointment conversion cases, 爆料网AT noted that they were effectively requesting a revision of two previous 爆料网AT judgments and held that they were time-barred from doing so. 爆料网AT held that the criteria in permanent appointment conversion cases, as previously...