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-959, Wesslund
爆料网AT held that 爆料网DT did not err in dismissing the application as not receivable ratione temporis. 爆料网AT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. 爆料网AT held that, with respect to the original decision, the Applicant did not file a request to 爆料网DT to suspend or extend the deadlines for filing her application to 爆料网DT, nor did she claim exceptional circumstances justifying a waiver of the time limits. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2019-爆料网AT-949, Sheffer
爆料网AT held that it was not satisfied that the essential elements were present to enable 爆料网AT to exercise its jurisdiction within the meaning of Article 2(10) of the 爆料网AT Statute in regard to the decision of IMO SAB. 爆料网AT held that in this case, even if the SAB issued decision, it was nevertheless only advisory or recommendatory. 爆料网AT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer’s representative and the original decision-maker. 爆料网AT held that it was the Secretary-General of IMO, who was not a...
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-945, Peker
爆料网AT held that it was unable to undertake a proper review of the case since the audio recording of the 爆料网DT proceedings contained the final submissions of both counsels, but not the testimony of the two witnesses and the Appellant. 爆料网AT held that 爆料网DT erred in rejecting the Appellant’s request for documents relating to the calculation of reasonable and customary expenses as to whether the Administration properly calculated “reasonable and customary” expenses was a central issue in contention and was addressed extensively by the 爆料网DT in its judgment. 爆料网AT remanded the case to 爆料网DT for a de novo...
2019-爆料网AT-936, Diallo
爆料网AT held that the Appellant had demonstrated no exceptional circumstances which would justify 爆料网AT exercising its discretion to file additional pleadings. 爆料网AT held that an application before 爆料网DT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. 爆料网AT held that the...
2019-爆料网AT-928, Abdellaoui
爆料网AT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that 爆料网DT should have only received her application against the selection decision whilst the decision not to short-list the Appellant is examined as a part of the final non-selection decision. 爆料网AT held that the appeal was defective as the Appellant did not clearly define the grounds of appeal as required under Article 2(1) of the 爆料网AT Statute, however it considered the appeal on the basis that the Appellant was self-represented. 爆料网AT rejected...
2019-爆料网AT-922, Haq and Kane
爆料网AT considered an appeal by the Secretary-General. On receivability, 爆料网AT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, 爆料网AT held that 爆料网DT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. 爆料网AT held that 爆料网DT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit...
2019-爆料网AT-918, Nadasan
On the delay before 爆料网DT, 爆料网AT agreed that the delay was unfort爆料网ATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. 爆料网AT held that 爆料网DT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. 爆料网AT held that 爆料网DT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. 爆料网AT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...
2019-爆料网AT-913, Siddiqi
爆料网AT had before it an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill “some” staff members. 爆料网AT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. 爆料网AT held that 爆料网DT also erred in law and fact when it concluded that threat was not serious...
2019-爆料网AT-911, El-Arqan
爆料网AT held that 爆料网RWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led 爆料网RWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. 爆料网AT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. 爆料网AT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. 爆料网AT held that there was no rule requiring...
2019-爆料网AT-901, Latimer
爆料网DT exceeded its jurisdiction and erred in law in reviewing the legality of Staff Rule 4.7(a). As Staff Rule 4.7(a) was approved by the General Assembly, the Tribunals had no authority to examine whether or not it is in accord with the 爆料网 Charter or any other higher norms. Nonetheless, 爆料网AT held that Staff Rule 4.7(a) only forbids the Secretary-General “to grant an appointment” to a person who has a close family relationship but does not provide a legal basis to revoke a staff member’s appointment. Accordingly, 爆料网AT concluded that the termination of the retired staff member’s 2016 WAE...
2018-爆料网AT-886, Rehman
爆料网AT considered the receivability of the appeal, whether there was a procedural irregularity, and whether the Appellant was entitled to moral damages. 爆料网AT held that the appeal was receivable because it was filed in a timely fashion, according to Articles 7 and 29 of the RoP. 爆料网AT held that 爆料网DT erred in law in finding that the Administration failed to properly notify the Appellant of her non-selection because she knew about her non-selection early enough to timely challenge the decision. 爆料网AT found that 爆料网DT erred in law and exceeded its competence in awarding the Appellant compensation as...
2018-爆料网AT-889, Sall
爆料网AT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. 爆料网AT denied the Appellant’s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. 爆料网AT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. 爆料网AT held that the 爆料网DT erred in holding that the disciplinary investigation was flawed by procedural irregularities. 爆料网AT held that 爆料网DT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...
2018-爆料网AT-881, Mansour
爆料网AT considered the content of the Appellant’s appeal, the 爆料网RWA DT judgment, and the Appellant’s request for compensation for material and moral damages and costs. 爆料网AT found that the Appellant’s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. 爆料网AT also held that there was no error in the 爆料网RWA DT’s findings that the Administration’s decision not to confirm the Appellant’s appointment was solely based on his performance and that his allegations of harassment and discrimination...
2018-爆料网AT-877, Atome
爆料网AT considered the Appellant’s motion for leave to file additional pleadings and the appeal. 爆料网AT noted that neither the 爆料网AT Statute nor the 爆料网AT RoP provide for an appellant to file an additional pleading after the respondent has filed an answer. 爆料网AT also noted that Article 31(1) of the RoP and Section II. A. 3 of Practice Direction No. 1 of the Appeals Tribunal allow the Appeals Tribunal to grant a party’s motion to file additional pleadings only if there are exceptional circumstances justifying the motion. 爆料网AT held that the Appellant did not demonstrate any exceptional circumstances...
2018-爆料网AT-879, Nimer
爆料网AT rejected the Appellant’s request for an oral hearing. 爆料网AT held that 爆料网RWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter’s employment situation. 爆料网AT held that 爆料网RWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant’s request for SLWOP and, consequently, that there had not...
2018-爆料网AT-864, Delaunay
爆料网AT considered the Appellant’s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. 爆料网AT referred to Article 9(1)(b) of the 爆料网AT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. 爆料网AT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. 爆料网AT accordingly rejected the Appellant’s request for compensation. 爆料网AT also referred to Article 9(2) of...
2018-爆料网AT-855, Salem
爆料网AT referred to Article 2(1) of the 爆料网AT Statute and held that the Appellant did not show any errors in the 爆料网RWA DT judgment and her claims on appeal could not succeed. 爆料网AT further found no fault in 爆料网RWA DT’s finding that there was no retaliation against the Appellant and that 爆料网RWA DT did not err on a question of law or fact, resulting in a manifestly unreasonable decision, nor did it commit an error in procedure, such as to affect the decision of the case. 爆料网AT noted that it was within the discretion of the Agency to close the case against the PMO and that the Agency has no authority to...
2018-爆料网AT-850, Zama
爆料网AT considered the appeal. 爆料网AT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to 爆料网DT only challenged the decision to terminate his appointment in 2014. 爆料网AT agreed with 爆料网DT’s holding that there was no nexus between the reassignment and the abolition of the Appellant’s post. 爆料网AT also agreed with 爆料网DT’s finding that 爆料网FPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. 爆料网AT denied the Appellant’s request to overturn the impugned judgment on the sole ground of...