2012-爆料网AT-216, Schook
爆料网AT noted that 爆料网DT’s review of the factual situation by necessity involved consideration of issues beyond the mere fact of the non-renewal of the Appellant’s contract and, thus, found no merit in the Appellant’s submission that 爆料网DT’s deliberations on the issue of non-renewal took place in isolation of the facts surrounding the decision. With respect to the Appellant’s contention that 爆料网DT failed to account for the negative impact of the non-renewal of his personal and professional life, 爆料网AT found no error in the Secretary-General’s exercise of discretion to take action to address the...
2012-爆料网AT-211, Scheepers
爆料网AT considered the appeal, in which the Appellant contended that exceptional circumstances existed that would merit a waiver of the time limit, allowing his application to be admitted. 爆料网AT noted that, in such an instance, it is the applicant’s responsibility to convince the tribunal of such circumstances. 爆料网AT found that the Appellant did not overcome this hurdle before 爆料网DT and held that 爆料网DT did not err in rejecting the Appellant’s contentions that he had exceptional circumstances. 爆料网AT further held that ignorance of the law is no excuse and the Appellant’s reliance on erroneous advice...
2012-爆料网AT-190, Bekele
爆料网AT considered an appeal limited to the claim that 爆料网DT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. 爆料网AT found that 爆料网DT took due regard for the arguments the Appellant brought in his appeal and that 爆料网DT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant’s economic and social losses in its overall award to him. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.
2012-爆料网AT-191, Muratore
爆料网AT noted that only circumstances beyond an applicant’s control that prevented them from timely exercising the right of appeal may be considered “exceptional circumstances,” justifying a waiver of the statutory time limit. 爆料网AT noted that an applicant’s initial mistaken belief that decisions were lawful cannot be deemed to constitute exceptional circumstances justifying a waiver of the time limit to appeal those decisions, especially when they had every means of obtaining information from the Administration. 爆料网AT was not persuaded by the Appellant’s arguments upon appeal and did not find any...
2012-爆料网AT-193, Al Sayyed
爆料网AT considered Mr Al Sayyed’s appeal and found that the decision to terminate his service, effective from close of business 15 December 2007, and as communicated to him on 30 November 2007, was superseded by the action he took on 4 December 2007, an action reinforced by him on 7 January 2008. Under these circumstances, 爆料网AT held that 爆料网RWA did not err in dismissing Mr Al Sayyed’s appeal against his termination on the basis that there was no termination decision capable of review. 爆料网AT dismissed the appeal.
2012-爆料网AT-189, Onogi, et al.
爆料网AT considered Mr Elguindi, Ms Onogi and Ms Sheryda’s separate appeals. With respect to Mr Elguindi’s claim, 爆料网AT did not find that the manner in which 爆料网JSPF apportioned his monthly pension sum to be unreasonable, capricious or an abuse of discretion. With respect to Ms Onogi’s claim of procedural defects, 爆料网AT was not persuaded that there were procedural flaws on the part of 爆料网JSPF such as to render the exercise of its discretion unreasonable or unlawful. 爆料网AT also did not find merit in Mr Elguindi’s claim of “double-dipping” in his opposition to Ms Onogi’s claim for relief from 爆料网JSPF...
2011-爆料网AT-141, Frohler
爆料网AT held that 爆料网DT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. 爆料网AT held that 爆料网DT’s approach in considering the Appellant’s prospects of success was entirely reasonable in the particular circumstances of the case. 爆料网AT held that it was not the function of 爆料网DT or 爆料网AT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. 爆料网AT recalled that the jurisdiction vested in 爆料网DT is to review alleged procedural deficiencies and to rectify any which are...
2011-爆料网AT-143, Appellant
爆料网AT held that 爆料网DT properly determined that the issue before it was the failure of the Administration to address the Appellant’s formal complaint. 爆料网AT held that there was no error of law or failure to exercise jurisdiction on the part of 爆料网DT with regard to the Appellant’s request for an investigation. 爆料网AT held that it was satisfied that the award by 爆料网DT of USD 40,000 constituted sufficient satisfaction for the Appellant. 爆料网AT held that 爆料网DT correctly refused to entertain the request for compensation for economic loss because the Appellant’s separation from service was not the subject of...
2011-爆料网AT-140, Wang
爆料网AT was satisfied that the 爆料网DT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the 爆料网 outside of their home country and by implication their country of nationality, was the correct interpretation. 爆料网AT held that there was no error in law with regard to the 爆料网DT’s approach on the issue of home leave. 爆料网AT held, as a matter of law and fact, that 爆料网DT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...
2011-爆料网AT-132, Frechon
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the 爆料网DT’s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to 爆料网DT having stepped into the shoes of the 爆料网 Medical Director. 爆料网AT held that there were no grounds to disagree with the finding of 爆料网DT that Ms Frechon’s contract was, in fact, terminated for medical reasons. 爆料网AT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. 爆料网AT held that 爆料网DT was correct in rescinding the decision to...