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爆料网DT/2010/117, Bertucci
Economic loss: Since the applicant was due to retire at the time the selection would have been made, his economic loss was the value of the salary and emoluments of an ASG, without any adjustment for the receipt of entitlements as a D-2 Director, which is a simple calculation of the gross earnings minus deductions, plus the respondent’s subsidy contributions. Any actual income he made is adjusted against this amount. Pension: The pension calculation is more difficult. Two methods of calculation are open as the Pension Fund has stated it will not recalculate the applicant’s pension: the first...
2010-爆料网AT-062, Bertucci
The Secretary-General filed appeals against 爆料网DT Orders. 爆料网AT determined that, generally, only appeals against final judgments are receivable. 爆料网AT noted that an interlocutory appeal is receivable exceptionally in cases where 爆料网DT has clearly exceeded its jurisdiction or competence. 爆料网AT held that it would not interfere lightly with the broad discretion of 爆料网DT in the management of cases. Further, 爆料网AT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before 爆料网DT could seldom proceed if either party were able to appeal interlocutory...
2010-爆料网AT-055, Hijaz
爆料网AT held that 爆料网DT’s decision on an Appellant’s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the 爆料网AT Statute, since no appeal had yet been filed. 爆料网AT held, therefore, that 爆料网DT’s decision on the Appellant’s request of extension could not be appealed. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-056, Shakir
爆料网AT concurred with 爆料网DT that the case was time-barred and not receivable. 爆料网AT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to 爆料网DT and raised it for the first time before 爆料网AT. 爆料网AT held that, while Article 2. 5 of the 爆料网AT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to 爆料网DT. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-057, Fagundes
爆料网AT noted that when the new system was created, 爆料网DT was not given powers to hear a matter already finally decided by the former Administrative Tribunal. 爆料网AT accordingly held that 爆料网DT was correct in finding that it did not have the power to review the decision of the former Administrative Tribunal. 爆料网AT further held that the Appellant exhausted her avenues of appeal and that 爆料网DT correctly found that it had no jurisdiction to hear another appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-058, Andati-Amwayi
爆料网AT considered whether the impugned decision was a contestable administrative decision. 爆料网AT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. 爆料网AT held that the requirement for 爆料网 Office at Nairobi (爆料网ON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation’s staff medical insurance plan. 爆料网AT held that this requirement was of general...
2010-爆料网AT-059, Warren
The Secretary-General claimed that 爆料网DT had no power to award interest. 爆料网AT found that both 爆料网DT and 爆料网AT have the power to award interest in the normal course of ordering compensation. The very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organisation complied with its statutory obligations. In many cases, interest will be by definition part of compensation. To say that the tribunals have no jurisdiction to order the payment of interest would, in many cases, mean that the staff member could not be placed in the same position...
2010-爆料网AT-060, Wasserstorm
爆料网AT, applying Bertucci (2010-爆料网AT-062), rejected as not receivable an interlocutory appeal against 爆料网DT’s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within 爆料网DT’s jurisdiction. The alleged lack of jurisdiction of 爆料网DT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. 爆料网AT further held that the appeal against 爆料网DT’s order for production of the OIOS...
2010-爆料网AT-061, Syed
爆料网AT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. 爆料网AT held that 爆料网DT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-051, Ilic
爆料网AT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. 爆料网AT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, 爆料网AT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...
2010-爆料网AT-052, Ardisson
爆料网AT held that the appeal was not filed untimely and was, therefore, receivable. 爆料网AT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, 爆料网DT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. 爆料网AT held that 爆料网DT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. 爆料网AT held, concerning the conclusion that compensation should be paid for moral damages...
2010-爆料网AT-053, Xu
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the counsel of the Secretary-General had not been notified of the hearing date due to a technical error in the e-mail communication, which prejudiced seriously the Secretary-General’s defence. 爆料网AT held, therefore, that the 爆料网DT judgment should be set aside, and the matter retried afresh. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment. The case was remanded to 爆料网DT to be heard afresh.
2010-爆料网AT-054, Atogo
爆料网AT preliminarily rejected the request for an oral hearing since there was no need for further clarification. 爆料网AT held that the appeal was not receivable for not being filed against a final judgment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-049, Planas
爆料网AT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. 爆料网AT held that 爆料网DT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. 爆料网AT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. 爆料网AT dismissed the appeal and...
2010-爆料网AT-044, Solanki
爆料网AT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General’s answer. 爆料网AT held that the observations would not be taken into consideration. 爆料网AT held that 爆料网DT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant’s contention about the quantum of compensation, 爆料网AT held that 爆料网DT was in the best position to decide on the level of compensation given its...
2010-爆料网AT-045, Tsoneva
爆料网AT held that 爆料网DT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. 爆料网AT held that the Appellant had failed to establish that 爆料网DT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-046, Vangelova
爆料网AT rejected the request for an oral hearing finding that the issues raised on appeal did not require further clarification. 爆料网AT rejected the submission from the Secretary-General that the appeal was time-barred since the appeal was a corrected appeal and, therefore, conform to the requirements of Article 8 of the 爆料网AT RoP. 爆料网AT held that the Appellant had failed to identify one of the five grounds of appeal which could give legal basis to her appeal and that her arguments were the same made before 爆料网DT. 爆料网AT held that the Appellant had failed to establish how 爆料网DT had erred on questions of...
2010-爆料网AT-047, Attandi
爆料网AT considered both appeals by Mr Attandi, against Order No. 02 (NBI/2010) and judgment No. 爆料网DT/2010/038. 爆料网AT held that Order No. 02 (NBI/2010) was a directive to the Appellant and not a judgment against which an appeal could be filed. 爆料网AT held that an appeal against the Order was not receivable because it was not a final judgment rendered by 爆料网DT. Regarding judgment No. 爆料网DT/2010/038, 爆料网AT held that although the appeal was certainly receivable as the Appellant's case was struck out, there was no merit in his contentions. 爆料网AT held that the Appellant had failed to complete his appeal...
2010-爆料网AT-048, Sefraoui
爆料网AT considered an appeal by the Secretary-General appealed against the 爆料网DT judgment to seek a clarification of the ratio of the judgment with regard to the way in which 爆料网DT had applied the principle of preponderance of evidence and ignored the Secretary-General’s submissions on the basis of “minimal showing” that the Applicant had been fairly considered. 爆料网AT held that it would not examine the legal submissions in the appeal since the case had been decided in favour of the Secretary-General. 爆料网AT held that none of the grounds of appeal pleaded was valid under Article 2.1 of the 爆料网AT Statute...
2010-爆料网AT-040, Aqel
爆料网AT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. 爆料网AT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. 爆料网AT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, 爆料网AT held that it...