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2017-爆料网AT-770, Humackic
爆料网AT held that 爆料网DT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. 爆料网AT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. 爆料网AT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. 爆料网AT held that 爆料网DT committed no error of law, fact, or...
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-772, Kadri
On the Appellant’s claim for his name not to appear in the 爆料网AT judgment, 爆料网AT held that, due to the fact that his name had been in the public domain for a long time as a result of the publication of many court documents related to his cases before 爆料网DT and 爆料网AT, it would be pointless to order redaction. 爆料网AT held that the Appellant failed to give any compelling reason as to why confidentiality should be granted and denied his request for confidentiality. 爆料网AT held that 爆料网DT fully and fairly considered the merits of his case and was in no doubt as to its substance. 爆料网AT held that there was no...
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-774, Awe
爆料网AT held, agreeing with 爆料网DT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel’s report to the participants of the SMT meeting and recipients of the minutes. 爆料网AT held that the reprimand in the offender’s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe’s reputation and career. 爆料网AT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...
2017-爆料网AT-775, Onifade
爆料网AT considered Mr Onifade’s application for revision of judgment No. 2016-爆料网AT-668. 爆料网AT held that there was no evidence before it to support the application. 爆料网AT held that Mr Onifade had failed to show that the first MOP form was unknown to him at the time the judgment was rendered and he had presented no decisive fact which was, at the time the judgment was rendered, unknown to him and 爆料网AT. 爆料网AT held that the application did not meet the criteria established under Article 11(1) of the 爆料网AT Statute and Article 24 of the 爆料网AT RoP. 爆料网AT held that the application had no merit and dismissed it...
2017-爆料网AT-776, Ibrahim
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. 爆料网AT held, agreeing with 爆料网DT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, 爆料网AT dismissed the cross-appeal. 爆料网AT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. 爆料网AT held that, apart from the direct link between the manipulation of the bottle of wine by...
2017-爆料网AT-748, Sharbaji
爆料网AT agreed with 爆料网RWA DT’s finding. 爆料网AT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. 爆料网AT accepted the 爆料网RWA DT’s finding that there was a genuine redundancy situation. 爆料网AT held that there was no evidence before it to support the Appellant’s contention that 爆料网RWA DT erred in law. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2017-爆料网AT-749, Ayoub
爆料网AT held that there was no evidence before it to support the contention that 爆料网RWA DT erred in law. 爆料网AT upheld the findings of 爆料网RWA DT that there was no evidence that the decision to abolish the Appellant’s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. 爆料网AT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. 爆料网AT found no procedural irregularity or any error in law on the part of 爆料网RWA DT...
2017-爆料网AT-769, Haj Saleh
爆料网AT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by 爆料网RWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. 爆料网AT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant’s post. 爆料网AT held that 爆料网RWA DT properly treated the question of the Appellant’s additional work in light of PD A/3 related to the parallel education programme...
2017-爆料网AT-763, Crotty
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr. Crotty due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr. Crotty’s application receivable. 爆料网AT held that in light of 爆料网DT’s error in receiving the application, the 爆料网DT’s...
2017-爆料网AT-764, Zachariah
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. Zachariah was challenging 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. Zachariah’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-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-766, Alsado
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Alsado’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s...
2017-爆料网AT-767, Wright
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr Wright’s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Wright’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s...
2017-爆料网AT-768, Smith
爆料网AT considered an appeal by the Secretary-General. On the issue of receivability, 爆料网AT held that 爆料网DT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. 爆料网AT held that there was no merit in the Secretary-General’s submission that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith’s request for management evaluation and the MEU’s response, on the basis that it was the role of 爆料网DT to adequately interpret and...
2017-爆料网AT-759, Hassanin
爆料网AT vacated 爆料网DT’s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, 爆料网AT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...
2017-爆料网AT-760, Sa'adeddin
爆料网AT held that 爆料网RWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. 爆料网AT upheld the 爆料网RWA DT’s findings that the provisions in the GMIP were mandatory for the 爆料网RWA, that the GMIP does not include a provision with respect to retroactivity, and that 爆料网RWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. 爆料网AT held that the GMIP could not apply outside of its scope of application. 爆料网AT held that there was no evidence that 爆料网RWA DT erred on the law or the facts, and that the Appellant’s...
2017-爆料网AT-761, Michaud
As a preliminary matter, 爆料网AT denied the Appellant’s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. 爆料网AT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to 爆料网DP. 爆料网AT held that the recommendation by OAIS was not an administrative decision. 爆料网AT held that 爆料网DT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...
2017-爆料网AT-762, Lemmonier
爆料网AT considered an appeal by the Secretary-General. On the issue of receivability, contrary to Mr Lemonnier’s contention that the Secretary-General’s appeal is not receivable because the impugned judgment did not award him any damages and was mere “a moral victory”, 爆料网AT held that success before 爆料网DT depends on whether the staff member’s application is granted, in whole or in part, not on the remedy afforded to the staff member, and that the staff member may prevail or succeed on his claim(s) without receiving an award of damages. According to 爆料网AT, as the unsuccessful party before 爆料网DT, the...