2018-爆料网AT-837, Isteti
爆料网AT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. 爆料网AT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, 爆料网AT found the appeal to be defective and not allowed. 爆料网AT dismissed the appeal and affirmed 爆料网RWA DT’s judgment.
2018-爆料网AT-829, Verma
爆料网AT held that 爆料网RWA DT did not err in law or fact in dismissing the application. 爆料网AT held that the evidence had shown that the Appellant did not meet all the requirements for the post to which he had applied, as set out in the vacancy announcement, and that he was rightly placed by 爆料网RWA in tranche 2 list. 爆料网AT held that 爆料网RWA DT had rightly concluded that, since the Appellant was unsuitable for the post, the failure of the Administration to consider his application in priority as an internal candidate had not vitiated the outcome of the selection process. 爆料网AT held that the Appellant had...
2018-爆料网AT-825, He
爆料网AT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. 爆料网AT held that 爆料网DT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by 爆料网AT by establishing the critical facts as instructed. 爆料网AT found that 爆料网DT's conclusions were consistent with the evidence. 爆料网AT found no error in the 爆料网DT’s finding that the Appellant failed to establish that the decision not to...
2018-爆料网AT-814, Lehia
The 爆料网RWA Commissioner-General appealed. 爆料网AT held that the decisions not to grant Mr Abu Lehia sick leave for the specific time periods (28 March to 3 April 2016, 4 April to 17 May 2016, and 18 May 2016 to 7 June 2016) were not reasonable, given the specific factual circumstances of the case at hand and that these decisions were not a valid exercise of the Agency’s discretion. 爆料网AT affirmed 爆料网RWA DT’s findings and conclusions about illegality. 爆料网AT held that the Commissioner-General failed to demonstrate any error in the 爆料网RWA DT’s finding that the Agency’s decision not to grant Mr Abu Lehia...
2018-爆料网AT-813, Said
爆料网AT held that 爆料网DT’s conclusion that the application was non-receivable ratione materiae was correct, since the Appellant had failed to challenge the 爆料网TSO CHRO’s response, the original administrative decision of 6 May 2015, by requesting a management evaluation. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2017-爆料网AT-802, Riecan
爆料网AT considered an appeal from the Secretary-General. 爆料网AT held that 爆料网DT did not correctly apply the law in considering Mr Riecan’s challenge to the selection for the post and made errors of law and fact in accepting the staff member’s application. On the 爆料网DT’s finding that there was a duty of the assessment panel in the course of a selection process to consider the e-PAS reports of the candidate and reflect that consideration in its own report, 爆料网AT held that (1) 爆料网DT did not make reference to a specific provision providing for this duty; (2) the fact that the panel did not take into...
2017-爆料网AT-798, Dibs
On the decision to postpone the separation on medical grounds, 爆料网AT noted that a staff member had a right to be compensated for a service-incurred injury. 爆料网AT found that 爆料网RWA DT erred in law in determining the decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), 爆料网AT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, 爆料网RWA DT...
2017-爆料网AT-790, Anshasi
爆料网AT held that it was not persuaded that 爆料网RWA DT erred in procedure or otherwise exceeded its jurisdiction such as to warrant reversal of the judgment. 爆料网AT held that 爆料网AT held that there was no reason to differ from 爆料网RWA DT’s findings that 爆料网RWA had no reason to refer the Appellant to a medical board and that the issue was not relevant as the Appellant did not contest that he was unfit for service, nor did he allege that his health problems were related to his service with 爆料网RWA. 爆料网AT further noted that, as the Appellant was over sixty years of age, he was not eligible for a disability...
2017-爆料网AT-791, Ho
爆料网AT held that the appeal was receivable as the Appellant had partially prevailed before 爆料网DT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, 爆料网AT held that there was no fault in the 爆料网DT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. 爆料网AT held that the Appellant did not demonstrate that the 爆料网DT committed any error...
2017-爆料网AT-786, Auda
爆料网AT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, 爆料网AT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. 爆料网AT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...
2017-爆料网AT-787, Auda
爆料网AT considered an appeal by the staff member and an appeal by the Secretary-General. 爆料网AT upheld both 爆料网DT’s finding that the decision to close the investigation was improper as well as 爆料网DT’s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. 爆料网AT, however, vacated 爆料网DT’s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. 爆料网AT held that “generally speaking, the testimony of an applicant alone without corroboration by...
2017-爆料网AT-780, Muwambi
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT’s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. 爆料网AT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi’s...
2017-爆料网AT-773, Ali
爆料网AT found no error in the 爆料网RWA DT finding that the application was not receivable ratione temporis. 爆料网AT rejected the Appellant’s contention that 爆料网RWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of 爆料网RWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the 爆料网RWA DT Statute prevents 爆料网RWA DT from receiving a case which...
2017-爆料网AT-771, Al-Mussader
爆料网AT held that 爆料网RWA DT did not make any errors of law or fact in dismissing the Appellant’s application. 爆料网AT found no reason to differ from the conclusion of 爆料网RWA DT, that 爆料网RWA could not have considered the Appellant as having the requisite international experience. 爆料网AT held that 爆料网RWA DT gave careful and fair consideration to the Appellant’s arguments regarding the required international experience for the post. 爆料网AT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. 爆料网AT held that the...
2017-爆料网AT-765, Fasanella
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held the 爆料网DT correctly determined that Mr Fasanella was affecting an administrative decision that produced direct legal consequences affecting his employment. 爆料网AT held that there was no merit to the complaint that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Fasanella’s request for management evaluation and the Management Evaluation Unit’s response, on the basis that it was the role of 爆料网DT to adequately interpret and comprehend the application and that 爆料网DT had the inherent power to...
2017-爆料网AT-754, Kisubi et al.
爆料网AT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-爆料网AT-750 (Kagizi et al. ) and therefore 爆料网AT adopted the reasoning from its prior judgment at paragraphs 18-27. 爆料网AT dismissed the appeals and affirmed the 爆料网DT judgments.
2017-爆料网AT-736, Williams
爆料网AT held that the Applicant was not entitled to a widow’s benefit under Article 34 of the 爆料网JPSF Regulations as she married Mr Williams, her deceased husband, after his separation from service. 爆料网AT noted that, under Article 35ter of the 爆料网JSPF Regulations, the survivor’s benefit had to be purchased by a retiree who marries after separation from service as an annuity within a prescribed one-year deadline after the date of the marriage. 爆料网AT noted that Mr Williams had elected not to do so. 爆料网AT held that there was no obligation for 爆料网JSPF to inform Mr Williams of the option. 爆料网AT held that...
2017-爆料网AT-725, Baracungana
爆料网AT held that 爆料网DT did not have the power to remand the case back to the ABCC, since an order under that provision requires the concurrence of the Secretary-General to that effect. 爆料网AT held that the only proper course for 爆料网DT to take was either to remand the case to the ABCC with the Secretary-General’s concurrence or to consider whether the procedural flaws warranted the rescission of the impugned administrative decision. 爆料网AT held that 爆料网DT, by making an order to remand the case to the Administration without the concurrence of the Secretary-General, exceeded its competence and committed...
2017-爆料网AT-718, Bagot
爆料网AT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. 爆料网AT held that the Commissioner-General’s cross-appeal was receivable. 爆料网AT agreed with the findings of 爆料网RWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. 爆料网AT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...
2017-爆料网AT-711, Krioutchkov
爆料网AT held that the appellant did not identify the alleged defects in the judgment and state the grounds relied upon in asserting that the judgment was defective. 爆料网AT held that the Appellant merely reiterated allegations already thoroughly examined by 爆料网DT. 爆料网AT held that the Appellant failed to demonstrate any error in the 爆料网DT findings such as to warrant its reversal. 爆料网AT held that there was no merit in the appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.