爆料网

Judge Greceanu

Judge Greceanu

Showing 141 - 160 of 214
爆料网DT/2016/124, Wilson

Appeals against Ethics Office: 爆料网 Appeals Tribunal has consistently held that the role of the Ethics Office under ST/SGB/2005/21 is limited to making recommendations to the Administration and that such recommendations do not in themselves affect terms of appointment of staff members. the review made by the Ethics Office is not a substitute to the internal system of justice, which includes the Dispute Tribunal. Therefore, filing of a complaint with the Ethics Office does not replace the requirements of the Tribunal’s Statute, its Rules of Procedures, and the Staff Rules. Any...

爆料网DT/2016/104, Nikwigize

The Applicant submitted three sets of education grant claims, on 19 November 2012, 12 July 2013, and 8 September 2014 in respect to the relevant school years. The Tribunal found that on 14 February 2013, 11 September 2013, and 2 October 2014, respectively, OHRM made decisions not to process the three claims, pending settlement of the Applicant’s claim in respect to the 2011–2012 school year. It was alleged that the Applicant had submitted misleading or false documents in respect to this claim. The Applicant submitted a request for management evaluation in respect of all three of his education...

爆料网DT/2016/097, Khan

The 爆料网DT found that the Applicant's claims concerning the two 2010 decision were time-barred under art. 8.4 of the 爆料网DT Statute. The 爆料网DT found that, contrary to his claims, the Applicant had received, in May 2010 and August 2010, management evaluation decisions in response to his requests regarding the refusal to grant special leave and his separation from service. Regarding the 2015 decision not to re-employ the Applicant, the 爆料网DT found that, having been separated from service in May 2010, and not having contested that separation within the prescribed time limits, the Applicant did not...

爆料网DT/2016/044, Jean

The Respondent submitted that the application was not receivable because the Applicant did not submit a request for management evaluation within 60 days of receiving notification of the contested decision, as required by the Staff Rules. The Respondent produced minutes of four meetings held in June 2014, submitting that in the three of the four meetings, the Applicant was informed that her fixed-term appointment would expire and would not be renewed. The Applicant contested the accuracy of the minutes. A hearing on receivability was held at which each of the participants in the June 2014...

爆料网DT/2016/040, Kisia

As results from the evidence and from the Respondent’s submissions, the contested decision consisted in the 爆料网CB’s recommendation against awarding the Applicant any compensation, which was included in the minutes of 爆料网CB’s 343rd meeting of 20 February 2014 submitted for the ASG/Controller’s consideration on 4 April 2014.The Tribunal, after reviewing the content of the contested decision, finds that instead of making her own final and reasoned decision on the Applicant’s claim, the ASG/Controller appears to have only signed off on the recommendation made by the 爆料网CB to deny the claim on 23...

爆料网DT/2016/038, Gallo

The non-disciplinary or administrative measure imposed against the Applicant is unlawful because, at the date of issuance of the contested decision, there was no longer an existing employment contract with the Applicant who was no longer a staff member. Accordingly, the Secretary-General had no longer the authority to impose such a measure.The entire complex process of launching an investigation into allegations of misconduct, instituting a disciplinary process and completing it by issuing the final decision, if any, to impose a disciplinary or non-disciplinary measure against a staff member...

爆料网DT/2016/024, Kisia

爆料网DT’s review of OLA’s letter. The Tribunal found that OLA’s letter of 11 August 2015 is not an administrative decision in the form of a settlement provided by the Administration based on OLA’s preliminary review of the Applicant’s claim for gross negligence pursuant to art. 3 of ST/SGB/230 or in a form of an offer to submit the claim to arbitration pursuant to art. 6 from ST/SGB/230. Even if OLA’s letter of 11 August 2015 were to be considered, as submitted by the Applicant, as a response to his “notice of arbitration”, the Tribunal would have no competence to review it. As clearly results...

爆料网DT/2016/016, Benser

he Tribunal rescinded the decision not to grant the Applicant a continuing appointment and ordered the Respondent to grant the Applicant a continuing appointment retroactively from 7 June 2014. As the contested decision concerned a question of appointment, the Respondent was given the alternative option of paying the Applicant USD5,000 in compensation. The Applicant’s request for moral damages was rejected.

爆料网DT/2016/004, Yazaki

The 爆料网DT found that the main legal issue was whether ST/AI/2011/6 (Mobility and hardship scheme) applied to the counting of assignments that the Applicant undertook before the instruction went into effect on 1 July 2011. The 爆料网DT found that ST/AI/2011/6 could not be applied retroactively to assignments that took place before it went into effect. The 爆料网DT further found that the revised staff rule 4.8(b), which allows for different counting of the Applicant’s assignments, was applicable only to assignments starting on or after 1 July 2009, and was not retroactively applicable to prior...

爆料网DT/2016/002, Cordoba Ruiz

The 爆料网DT found that MINUSTAH erred when it excluded the Applicant from the comparative review process. The 爆料网DT found that process should have included all staff for all available posts at the Mission after retrenchment, which was not done in this case. The 爆料网DT found that the Applicant’s rights were breached in that she was not reviewed by the comparative review panel against all the remaining posts in the new mission structure. The 爆料网DT found, however, that the Applicant’s contract expired and was not terminated. The 爆料网DT found that the decision to separate the Applicant was lawful since it...

爆料网DT/2015/108, Babiker

The 爆料网DT further found that the Applicant also failed to submit her application to the 爆料网DT within the prescribed time period. The 爆料网DT found that 爆料网DP provided incorrect information to the Applicant regard the “suspension” of its response to her management evaluation request, which may have contributed to the Applicant’s late filing of her application with the 爆料网DT. Nevertheless, the 爆料网DT found that ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice. The...

爆料网DT/2015/105, Chollet

The 爆料网DT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The 爆料网DT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the 爆料网DT Statute. The 爆料网DT rejected the application as not receivable ratione materiae.

爆料网DT/2015/106, Kucherov

SummaryThe Tribunal concluded that the selection process was procedurally flawed for the following reasons: a. the job opening did not identify the specific assessment method to be used for the evaluation of the technical skills during the selection process;b. the selection panel did not include an expert on Russian language and a non-voting member representing the Assistant Secretary-General, Office of Human Resources Management, which the Tribunal considered was necessary in accordance with ST/AI/1998/7;c. the selection panel did not assess the short-listed candidates through an assessment...