爆料网

Juge Adinyira

Juge Adinyira

Showing 201 - 220 of 228
2011-爆料网AT-170, Kapsou

爆料网AT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). 爆料网AT held that those steps had to have been exhausted before invoking the jurisdiction of 爆料网DT. 爆料网AT held that 爆料网DT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. 爆料网AT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. 爆料网AT noted that 爆料网DT has no jurisdiction to waive the requirement of a prior...

2011-爆料网AT-171, Ghahremani

爆料网AT considered appeals of judgment Nos. 爆料网DT/2010/075 and 爆料网DT/2010/076. On the issue of being barred from the 爆料网OV premises, 爆料网AT noted that 爆料网DT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, 爆料网AT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. 爆料网AT held that, as a holder of an SSA contract, the Appellant was no...

2011-爆料网AT-162, Azzouni

Ms. Azzouni filed an application for revision of judgment No. 2020-爆料网AT-081 for clarification of the date upon which the two years’ net base salary was to be calculated and requested that it be set as of the date of the judgment, or, alternatively, that an interest rate be applied to the compensation awarded from the date of separation to that of the judgment. 爆料网AT held that it would treat the application as an application for interpretation under Article 11(3) of the 爆料网AT Statute. On the basis that the purpose of compensation is to place a staff member in the same position he or she would...

2011-爆料网AT-153, Ahmed

爆料网AT affirmed the decision of 爆料网DT that the Appellant’s adverse performance appraisals constituted a proper basis for the non-renewal of his fixed-term appointment. 爆料网AT held that 爆料网DT did not err in limiting the scope of his application to the non-renewal. 爆料网AT concurred with the former 爆料网 Administrative Tribunal which held that unless the Administration made an express promise creating an expectancy of renewal, or unless it abused its discretion, or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal of a staff member’s fixed-term appointment...

2011-爆料网AT-144, Thiam

爆料网AT held that the appeal was time-barred and not receivable. 爆料网AT held that the time limit for filing an appeal may be suspended, waived, or extended, only in exceptional cases and upon a written request by an appellant prior to the filing of an appeal, which the Appellant failed to submit. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2011-爆料网AT-138, Abdalla

爆料网AT held that, in order for the Appellant’s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and 爆料网AT held that it found no reason to reverse the finding of 爆料网DT that there was no evidence of such a commitment. 爆料网AT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. 爆料网AT held that the need for translator services at 爆料网AMI could...

2011-爆料网AT-136, Ardisson

爆料网AT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the 爆料网JSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. 爆料网AT held that the different treatment of IOM staff members was created by the General Assembly. 爆料网AT noted that restoration is an exceptional benefit that cannot be extended by analogy. 爆料网AT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the 爆料网JSPB was...

2011-爆料网AT-128, Macharia

爆料网AT considered an application for revision of judgment No. 2010-爆料网AT-015 by Ms. Macharia. 爆料网AT held that Ms. Macharia provided no evidence upon which it could infer that there was bias or likelihood of bias on the part of Judge Izuako. 爆料网AT held that, with regard to the Legal Officer who allegedly had a personal friendship with Judge Boolell, there was no evidence for it to draw the conclusion that the Legal Officer influenced the proceedings or the 爆料网DT Judge in her decision. 爆料网AT held that Ms. Macharia did not offer any evidence in support of her bare assertions casting serious doubt on the...

2011-爆料网AT-123, Messinger

爆料网AT held that 爆料网DT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant’s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. 爆料网AT held that 爆料网DT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. 爆料网AT held that 爆料网DT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. 爆料网AT held that it was not persuaded that 爆料网DT made any errors of...

2011-爆料网AT-115, Islam

爆料网AT noted that the reason given for the non-renewal of the Appellant’s contract was a restructuring and that the Appellant conceded that the restructuring was properly done. 爆料网AT agreed with 爆料网DT that the opinion expressed by the Appellant’s Chief, that his performance deficiencies and shortcomings could justify the non-renewal of his contract, was immaterial. 爆料网AT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2011-爆料网AT-110, Abbassi

The staff member appealed on the ground that 爆料网DT had made errors of fact in the judgment. 爆料网AT recalled that in order to overturn a finding of fact, 爆料网AT must be satisfied that the finding is not supported by the evidence or that it is unreasonable. Some degree of deference should be given to the factual findings by 爆料网DT as the court of first instance, particularly where oral evidence is heard. 爆料网AT dismissed the appeal finding that there were no grounds for overturning the 爆料网DT’s findings of fact and that no other reversible errors were made.

2011-爆料网AT-108, Ajdini et al.

爆料网AT considered an appeal of 爆料网DT Order No. 50 (GVA/2010) by the Secretary-General. 爆料网AT held that the issue under consideration was settled, as 爆料网AT had consistently held that 爆料网DT had no jurisdiction to waive deadlines for management evaluation or administrative review. 爆料网AT held that 爆料网DT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. 爆料网AT allowed the appeal and set aside the 爆料网DT Order.

2010-爆料网AT-095, Antaki

爆料网AT considered the appeal by the Secretary-General on the compensation awarded. 爆料网AT considered the cross-appeal by Ms Antaki, regarding 爆料网DT’s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-爆料网AT-096). 爆料网AT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded 爆料网DT from awarding any compensation. 爆料网AT held that 爆料网DT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights...

2010-爆料网AT-088, Megerditchian

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, 爆料网AT held that 爆料网DT erred in receiving the application in respect of a service contract. 爆料网AT held that 爆料网DT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms...

2010-爆料网AT-081, Azzouni

爆料网AT held that 爆料网DT erred in failing to consider adequately the Appellant’s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the 爆料网DT hearing, which included the opportunity to call evidence and to challenge the Administration’s evidence. 爆料网AT held that 爆料网DT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. 爆料网AT allowed the appeal, set aside the 爆料网DT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

2010-爆料网AT-079, Sethia

爆料网AT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. 爆料网AT held that 爆料网DT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-爆料网AT-036)). 爆料网AT held that 爆料网DT erred in law in applying the decision in Rosca (爆料网DT/2009/052), which was disproved by 爆料网AT in Costa, but that the error did not affect the outcome...

2010-爆料网AT-080, Streb

爆料网AT held that 爆料网DT adequately applied the appropriate principles set out in the former 爆料网 Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. 爆料网AT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division’s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, 爆料网AT agreed with 爆料网DT that it would have been...

2010-爆料网AT-069, Ibrahim

爆料网AT considered an appeal centred on the receivability of the appeal to the JAB. The Appellant had sought a waiver of the time limit to appeal before JAB on the basis that his legal counsel was away from Syria for medical treatment for a year. 爆料网AT held that there were no exceptional circumstances to justify the Appellant’s 18-month delay in filing his appeal pending either his counsel’s return or replacement. 爆料网AT held that the JAB properly considered that there were no exceptional circumstances justifying a waiver of the time limit to file an appeal to the JAB. 爆料网AT dismissed the appeal and...

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...