爆料网

Judge Adinyira

Judge Adinyira

Showing 181 - 200 of 228
2013-爆料网AT-286, Charles

爆料网AT noted that the Appellant merely repeated arguments submitted before 爆料网DT and recalled that an appellant has the burden of satisfying 爆料网AT that the 爆料网DT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. 爆料网AT held that Secretary-General’s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. 爆料网AT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for...

2013-爆料网AT-282, Lauritzen

On the alleged procedural error of the 爆料网DT not allowing an oral examination of witnesses, 爆料网AT held that it was well within the competence of 爆料网DT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; 爆料网AT dismissed this ground of appeal. 爆料网AT held, affirming the finding of 爆料网DT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. 爆料网AT found no merit in the ground of appeal that 爆料网DT failed to consider that 爆料网HCR...

2012-爆料网AT-274, Massah

爆料网AT considered an appeal by the Secretary-General. Regarding the evidence on which the disciplinary measure was based, 爆料网AT held that 爆料网DT had failed to appreciate the fact that the women who had been sexually exploited or abused came from a highly sensitive cultural background and were socially vulnerable. 爆料网AT held that 爆料网DT failed to consider the fact that the staff member, as Officer-in-Charge of Security of MINURSO, had a particular duty of care towards women and children, pursuant to Section 7 of ST/SGB/1999/13. 爆料网AT held that the established facts amounted to sexual exploitation. 爆料网AT...

2012-爆料网AT-276, Valimaki-Erk

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that although the Secretary-General has discretion in the appointment of staff, he has no discretion to impose unwritten regulations and rules that are prejudicial to staff members. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2012-爆料网AT-271, Cremades

爆料网AT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. 爆料网AT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. 爆料网AT noted that the Appellant had not requested such an extension of the time limit. 爆料网AT held that 爆料网DT had correctly decided that the request for management evaluation was not receivable as it was time-barred. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2012-爆料网AT-265, Ljungdell

Regarding the allegations that 爆料网DT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, 爆料网AT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. 爆料网AT held that 爆料网DT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

2012-爆料网AT-266, Rees

爆料网AT considered an appeal by the Secretary-General. 爆料网AT affirmed 爆料网DT’s finding of the unlawfulness of reassignment decision. 爆料网AT recalled that reassignment is proper if the new post is at the staff member’s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member’s competencies and skills; and if he or she has substantial professional experience in the field. 爆料网AT held that, in Ms Rees’ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. 爆料网AT held...

2012-爆料网AT-245, Muratore

爆料网AT held that the Appellant was asking for a review of his case in order to enhance the award and that he merely repeated arguments already considered and accepted by 爆料网DT, which was not the purpose of an appeal. 爆料网AT held that the Appellant had not met the burden of demonstrating that the 爆料网DT had erred in assessing the damages. 爆料网AT held that 爆料网DT did not err on a question of fact resulting in a manifestly unreasonable decision on this point. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2012-爆料网AT-242, Charles

爆料网AT held that the Appellant had merely repeated his submissions before JAB and 爆料网DT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the 爆料网DT. 爆料网AT held that the Appellant did not possess the relevant professional qualification. 爆料网AT held that 爆料网DT had not erred in affirming the JAB’s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. 爆料网AT held that 爆料网DT’s focus on the requirement of professional legal experience did not...

2012-爆料网AT-234, Gehr

爆料网AT held that 爆料网DT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at 爆料网ODC. 爆料网AT agreed with 爆料网DT that, as a result of the Secretary-General’s broad discretion in relation to decisions on internal management, the issuance of the policy by a “Message of the Day” was subject to limited review by the Tribunal. 爆料网AT affirmed 爆料网DT’s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...

2012-爆料网AT-230, Nwuke

爆料网AT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against 爆料网DT Order No. 101 (NBI/2011) and judgment No. 爆料网DT/2012/002. The Secretary-General asserted that 爆料网DT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the 爆料网DT Statute had been met. 爆料网AT held that 爆料网DT did not respect the limit of five working days, as set forth in Villamoran (2011-爆料网AT-160), when it extended the suspension until 17 August 2011 when the...

2012-爆料网AT-224, Zhouk

爆料网AT held that the Appellant simply stated that he suffered harm following the decision not to reclassify his post but did not provide any evidence of harm to his career or morale. 爆料网AT held that compensation may only be awarded if it has been established that the staff member actually suffered damages. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2012-爆料网AT-218, Christensen

As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing as the submissions by the parties did not require clarification. 爆料网AT questioned whether her case presented exceptional circumstances that would warrant the reopening of her case by the Secretary-General, as her application was not filed in a timely manner. 爆料网AT found that the appeal was not receivable as, notwithstanding her illness, she did not demonstrate such circumstances. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.

2012-爆料网AT-219, Sprauten

爆料网AT considered the Secretary-General’s appeal regarding the compensation award of six months’ net base salary for the irregularities in the selection process. 爆料网AT noted that the present case substantially differed from Kasyanov (2010-爆料网AT-076), which the Secretary-General relied upon; had Mr Kasyanov been selected, it would have been a mere lateral move for him without any change in salary and status. Contrastingly, Mr Sprauten’s selection would have been a move from a temporary appointment to a fixed-term appointment. 爆料网AT rejected the Secretary-General’s contention that 爆料网DT erred in law...

2012-爆料网AT-207, Hallal

爆料网AT considered an appeal, in which the Appellant claimed that 爆料网DT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. 爆料网AT held that it was within the competence of 爆料网DT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. 爆料网AT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and...

2012-爆料网AT-209, Applicant

爆料网AT considered an appeal by the Secretary-General against the judgment on the merits (爆料网DT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (爆料网DT/2011/131). Relying on its previous holding in Bertucci (2011/爆料网AT/114), 爆料网AT held that 爆料网DT erred in finding that the Administration violated the Applicant’s due process rights, as no actual prejudice was found. 爆料网AT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...

2012-爆料网AT-200, Majbri

爆料网AT held that there was no valid claim of unfair treatment and discrimination by the Appellant against the former Chief of ATS and 爆料网DT therefore correctly limited its consideration to the interview process. 爆料网AT held that the Appellant was merely repeating arguments that were adequately considered by 爆料网DT and that there were no reasons to reverse 爆料网DT’s judgment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2012-爆料网AT-201, Obdeijn

The Appellant contested the 爆料网DT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. 爆料网AT held that if the Administration does not comply with a Tribunal’s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. 爆料网AT affirmed the 爆料网DT finding that the Administration’s decision must be deemed unlawful, as the Secretary-General refused to comply...

2011-爆料网AT-181, Alauddin

爆料网AT held that the Appellant failed to establish that the 爆料网DP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, 爆料网AT held that it was new evidence, for which leave was required, in order to adduce it before 爆料网AT. 爆料网AT did not find any exceptional circumstances existed to require it to consider the new evidence. 爆料网AT held that 爆料网DT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...