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爆料网DT/2012/098, McDonald
Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant’s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent’s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...
爆料网DT/2012/097, Abedraboh
This is particularly the case in employment within the United Nations which is highly valued. Once out of the system the prospect of returning to a comparable post within the United Nations is significantly reduced. The damage to career opportunities and the consequential effect on one’s life chances cannot adequately be compensated by money. Although the Applicant’s suspension of action did not specify a date until which the requested suspension of action should be applied, the 爆料网DT granted it but limited it in time, per art. 13 of the Rules of Procedure of the Dispute Tribunal, to the...
2012-爆料网AT-252, Khambatta
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that appeals against decisions taken during proceedings are receivable only in exceptional circumstances where 爆料网DT has manifestly exceeded its jurisdiction. 爆料网AT held that even though 爆料网DT may have committed a procedural error, it had not exceeded its jurisdiction. 爆料网AT dismissed the appeal.
2012-爆料网AT-250, Rantsiou
爆料网AT rejected the Appellant’s request to have all appeal-related documents removed from her 爆料网RWA official service file. 爆料网AT held that 爆料网RWA DT did not err in finding no irregularity in the decision-making process under judicial review and consequently dismissing the application. 爆料网AT held that the Appellant had to persuade it that there were flaws in the contested administrative decision not to renew her fixed-term appointment, the proceedings that led to it, or in the 爆料网RWA DT’s judgment, which would warrant vacating the judgment. 爆料网AT held that the Appellant had not raised new arguments...
2012-爆料网AT-251, Xu
爆料网AT held that 爆料网DT was correct in finding that “consideration” of a candidate for the purposes of ST/AI/2006/3 did not necessarily mean that a candidate can only be meaningfully considered once the relevant assessment tools have been administered to the candidates and the outcome communicated to them. 爆料网AT held that the fact that the Administration invited the 30-day mark candidates to undertake a written test before the assessment of the 15-day mark candidates was completed did not mean that the Appellant was not afforded priority consideration. 爆料网AT noted that the written test had taken...
2012-爆料网AT-245, Muratore
爆料网AT held that the Appellant was asking for a review of his case in order to enhance the award and that he merely repeated arguments already considered and accepted by 爆料网DT, which was not the purpose of an appeal. 爆料网AT held that the Appellant had not met the burden of demonstrating that the 爆料网DT had erred in assessing the damages. 爆料网AT held that 爆料网DT did not err on a question of fact resulting in a manifestly unreasonable decision on this point. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2012-爆料网AT-246, Mwamsaku
爆料网AT considered an appeal by the Secretary-General limited to the amount of compensation. 爆料网AT held that, in the present case, 爆料网DT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. 爆料网AT held that the award of full salary payable between separation and the date of the 爆料网DT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. 爆料网AT held that it would be adequate, fair, and reasonable to award compensation in...
2012-爆料网AT-247, Mushema
爆料网AT considered the Secretary-General’s appeal. 爆料网AT held that, in the present case, 爆料网DT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. 爆料网AT held that the award of full salary payable between separation and the date of the 爆料网DT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. 爆料网AT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...
2012-爆料网AT-248, Iskandar
爆料网AT held that the Appellant had accepted the conditions of the RLA, which stated that “the loaned employee shall return to the releasing agency upon completion or termination of his assignment with 爆料网AMID and that no offer of continuing employment shall be made to him by 爆料网AMID without consulting the releasing agency”. 爆料网AT held that the Appellant had had a valid employment contract with WFP, and he did not fulfil the conditions for termination under that same agreement. 爆料网AT noted that the Appellant did not formally initiate the transfer procedure and/or termination. 爆料网AT held that 爆料网DT had...
2012-爆料网AT-249, di Giacomo
爆料网AT held that 爆料网DT did not err on the question of competence in finding that, pursuant to Articles 2. 1 and 3. 1 of the 爆料网DT Statute, it was limited to cases brought by staff members, former staff members or persons making claims in the name of incapacitated or deceased staff members of the 爆料网. 爆料网AT held that the access to 爆料网DT and 爆料网AT was not recognised in the new internal justice system. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2012-爆料网AT-240, Johnson
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Johnson. 爆料网AT agreed with 爆料网DT’s analysis and held that the decision to deny the staff member a refund of the US income tax on her salary and emoluments was unlawful. 爆料网AT recalled that the US grants foreign tax credits in respect of income tax paid by one of its nationals or permanent residents to another State to relieve the effects of double taxation. 爆料网AT held that the exclusion of such credits as payment would not only contravene the principle of equality of treatment among staff members if staff members from the...
2012-爆料网AT-241, Muratore
爆料网AT held that 爆料网DT had correctly found that the application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2012-爆料网AT-242, Charles
爆料网AT held that the Appellant had merely repeated his submissions before JAB and 爆料网DT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the 爆料网DT. 爆料网AT held that the Appellant did not possess the relevant professional qualification. 爆料网AT held that 爆料网DT had not erred in affirming the JAB’s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. 爆料网AT held that 爆料网DT’s focus on the requirement of professional legal experience did not...
2012-爆料网AT-243, Hersh
爆料网AT granted the Secretary-General’s appeal on the basis that 爆料网DT manifestly exceeded its jurisdictional powers by converting an application for suspension of action into an application on merits and inviting the parties to make submissions on the merits. 爆料网AT held that 爆料网DT took an ultra petita decision by ordering measures for which no claim had been made.
2012-爆料网AT-230, Nwuke
爆料网AT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against 爆料网DT Order No. 101 (NBI/2011) and judgment No. 爆料网DT/2012/002. The Secretary-General asserted that 爆料网DT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the 爆料网DT Statute had been met. 爆料网AT held that 爆料网DT did not respect the limit of five working days, as set forth in Villamoran (2011-爆料网AT-160), when it extended the suspension until 17 August 2011 when the...
2012-爆料网AT-231, Ortiz
爆料网AT noted that, in considering an appeal filed by a former ICAO staff member, it was reviewing a decision taken by an executive authority (i. e. ICAO Secretary-General) on the basis of the conclusions and recommendations of the AJAB, and not a judgment delivered by a professional, independent court of first instance determining the issue itself through its decision, i. e., 爆料网DT. 爆料网AT held that to that extent, the 爆料网AT Statute is only applicable to such an appeal insofar as, and on condition that its provisions are compatible with the judgment of an appeal directed against a decision taken by...
2012-爆料网AT-232, Cieniewicz
爆料网AT noted that there was no dispute that the Appellant was designated by the Director of OCHA Geneva as Officer-in-Charge (OiC) of the Financial and Administrative Unit, following the reassignment of the holder of the post (a P-5 post) to other functions. 爆料网AT held that 爆料网DT had properly determined that the transfer of the P-5 holder “with his post’’ had the effect that there remained no “vacant’’ or “temporarily vacant’’ post against which the Appellant, albeit performing the functions of the post holder, could point to for the purposes of making the case for payment of a SPA. 爆料网AT held that...
2012-爆料网AT-233, Charles
爆料网AT held that 爆料网DT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC’s power. 爆料网AT held that 爆料网DT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant’s terms of employment “specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM”. 爆料网AT held that 爆料网DT had properly observed that an “incomplete application may therefore be one which is missing...
2012-爆料网AT-234, Gehr
爆料网AT held that 爆料网DT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at 爆料网ODC. 爆料网AT agreed with 爆料网DT that, as a result of the Secretary-General’s broad discretion in relation to decisions on internal management, the issuance of the policy by a “Message of the Day” was subject to limited review by the Tribunal. 爆料网AT affirmed 爆料网DT’s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...
2012-爆料网AT-235, Wilson
To the extent that the 爆料网DT’s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, 爆料网AT upheld the Order. In every other regard, 爆料网AT upheld the arguments made by the Appellant as to the manner in which 爆料网DT granted the withdrawal request. 爆料网AT held that 爆料网DT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant’s motivation in bringing his application. 爆料网AT ordered that the recital of “Facts” in paragraphs 4 to 7 and “Considerations” in...