爆料网

Juge Adinyira

Juge Adinyira

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2014-爆料网AT-409, Nogueira

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, since the incidents in question occurred before ST/SGB/2008/5 was promulgated, it was not applicable in this case. 爆料网AT held that it was unnecessary for 爆料网DT to apply ST/SGB/2008/5, which was clearly not in force at the time of the incidents. 爆料网AT held that the error committed by 爆料网DT had not resulted in a miscarriage of justice, finding that Mr Nogueira in any event merited a compensatory award for harassment. 爆料网AT held that Mr Nogueira was entitled to an effective remedy for the violation of his legal right to a workplace...

2014-爆料网AT-401, Zeid

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the absence of any breach of the staff member’s substantive or procedural rights during the selection exercise precluded the award of moral damages to him. 爆料网AT held that the staff member could not show a breach of a fundamental nature or that he suffered harm, stress or anxiety directly linked or reasonably attributed to a breach of his substantive or procedural rights. 爆料网AT held that the Administration’s failure to respond to staff members’ repeated requests for information was not a breach of his substantive contractual...

2014-爆料网AT-397, Finniss

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. 爆料网AT held that the test for apparent bias applied by 爆料网DT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. 爆料网AT held that 爆料网DT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

2013-爆料网AT-392, Maghari

爆料网AT considered Mr Maghari’s application for revision of judgment No. 2010-爆料网AT-039. 爆料网AT held that the application was receivable ratione temporis. 爆料网AT held that the grounds filed did not fall within Article 11(1) of the 爆料网AT Statute and did not constitute a decisive fact which was, at the time the judgment was rendered, known to 爆料网AT and to the party applying for revision. 爆料网AT held that Mr Maghari merely disagreed with the 爆料网AT decision and sought to reargue his appeal. 爆料网AT dismissed the application for revision.

2013-爆料网AT-385, Samuel Thambiah

爆料网AT did not accept the argument that there was no evidence to indicate that the Appellant received the letter communicating the outcome of the management evaluation on 14 July 2011, noting that 爆料网DT relied on the Appellant’s statement to ascertain that date. 爆料网AT held that the Appellant failed to show any error on 爆料网DT’s part. 爆料网AT held that the Secretary-General rightly submitted that the deadline for the Appellant to file an application with 爆料网DT was 12 October 2011, notwithstanding any ambiguity as to when she actually received the management evaluation response and the appeal failed on...

2013-爆料网AT-386, Ahmed

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the payment of interest awarded by 爆料网DT on the payment of Mr Ahmed’s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, 爆料网AT upheld the 爆料网DT judgment and held that the matter was properly before 爆料网DT and could not be construed as res judicata. 爆料网AT agreed with 爆料网DT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

2013-爆料网AT-375, Schoone

爆料网AT considered appeals from both Mr Schoone and the Secretary-General. 爆料网AT held that, for the reasons set forth in judgment Nos. 2013-爆料网AT-357 (Malmstrom et al. ), 2013-爆料网AT-358 (Longone) and 2013-爆料网AT-359 (Ademagic et al. ), the delegation of authority granted to the ICTY Registrar could not be construed so as to grant him the authority to convert staff members’ fixed-term appointments into permanent appointments. 爆料网AT recalled that in those three cases it had held that the decision-making authority to grant permanent appointments was properly vested in the Assistant Secretary-General for...

2013-爆料网AT-369, Darwish

爆料网AT affirmed the 爆料网RWA DT decision that the application was not receivable as consistent with 爆料网RWA Area Staff Rule 111. 2 and Article 8 of the 爆料网RWA DT Statute. On alleged errors in procedure, 爆料网AT noted that the Appellant had no opportunity to challenge the untimeliness of the Commissioner-General’s reply before 爆料网RWA DT, but that, since the Appellant had not demonstrated how the untimely reply affected 爆料网RWA DT’s decision on receivability, 爆料网AT found no merit on this ground. 爆料网AT held that there was no error in 爆料网RWA DT’s reasoning on the issue of EVR. 爆料网AT held that, absent an appealable...

2013-爆料网AT-363, Chaaban

爆料网AT held there was no error in the 爆料网RWA DT’s finding that the application was time-barred. 爆料网AT held that 爆料网RWA DT has, in principle, the discretion to accept 爆料网RWA’s late reply in circumstances where 爆料网RWA has not filed a motion seeking leave to do so and without proprio motu ordering 爆料网RWA to file a reply. Noting the Administration’s reply was due before the transitional period into the new system of justice began, 爆料网AT held that 爆料网RWA DT erred when it granted a waiver of time after an excessive period of time had passed which was based on inaccurate facts and an invalid reason. 爆料网AT held...

2013-爆料网AT-364, Nyambuza

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by 爆料网DT. 爆料网AT held that 爆料网DT’s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...

2013-爆料网AT-356, Massah

爆料网AT considered an application for revision of judgment. 爆料网AT held that the alleged error in the factual findings of 爆料网DT did not constitute circumstances that warranted revision, because none of them would result in the exclusion of the main reasons stated by 爆料网AT in vacating the 爆料网DT judgment and affirming Mr Massah’s separation from service for serious misconduct. 爆料网AT held that the application was inadmissible since its goal was to litigate the case de novo as a result of counsel not agreeing with the final judgment, an option which was not provided to the parties by the applicable law...

2013-爆料网AT-353, Obdeijn

爆料网AT considered Mr Obdeijn’s application for revision of judgment in respect of judgment No. 2012-爆料网AT-201. 爆料网AT held that Mr Obdeijn’s submissions were irrelevant as they did not meet the requirements set out in the 爆料网AT Statute. 爆料网AT held that Mr Obdeijn’s failure to submit evidence of alleged economic loss during the proceedings before both Tribunals did not constitute a newly discovered decisive fact warranting a revision of judgment. 爆料网AT held that Mr Obdeijn could not rely on 爆料网AT’s inherent jurisdiction to obtain a revision expressly forbidden by the 爆料网AT Statute from a rule based on...

2013-爆料网AT-348, Sidell

爆料网AT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified 爆料网JSPF in October 2003 of his marriage to Mrs Sidell and 爆料网JSPF requested him to provide his original marriage certificate, which he did; and 爆料网JSPF did not follow up with Mr Sidell about the matter. 爆料网AT held that 爆料网JSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell’s pension record was corrected and that his marriage to Mr Sidell was recognised by 爆料网JSPF. 爆料网AT held that, in the circumstances, it was...

2013-爆料网AT-329, Perez-Soto

Noting the broad discretion of 爆料网DT with respect to case management, 爆料网AT held that there was no merit in the contention that 爆料网DT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant’s submission that 爆料网DT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his “evaluative past, including the issue of his performance appraisal”, 爆料网AT noted that these matters had been...

2013-爆料网AT-331, Faraj

爆料网AT held that, given the written instructions provided to the Appellant, it was completely understandable that he proceeded to request again the review of the contested decision. 爆料网AT held that 爆料网RWA DT erred when it found that he ought not to have done so and could not claim to have been legitimately misled as to the appeals procedure. 爆料网AT held that 爆料网RWA’s holding that the Appellant should have known the applicable legal framework and filed his appeal on time was unsustainable. 爆料网AT noted that the Commissioner-General did not dispute the Appellant’s claim that the 爆料网RWA Area Staff Rules...

2013-爆料网AT-322, Shkurtaj

爆料网AT considered an application for interpretation by Mr Shkurtaj on the issue of interest. 爆料网AT referred to Warren (judgment No. 2010-爆料网AT-059) and Mmata (judgment No. 2010-爆料网AT-092) for the holding that interest was to be paid at the US Prime rate from the date on which the entitlement became due. 爆料网AT held that the interest payable was at the US Prime Rate and that an extra five per cent should be added to the US Prime Rate if the judgment was not executed within 60 days of its issuance. 爆料网AT held that the date from which interest on the compensation was to be paid at the US Prime Rate was...

2013-爆料网AT-305, Kasmani

爆料网AT considered an appeal by the Secretary-General. 爆料网AT recalled that 爆料网AT expressly held in Mmata (judgment No. 2010-爆料网AT-092) that Article 10. 5 of the 爆料网DT Statute limited the total of all compensation to the equivalent of two years’ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. 爆料网AT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

2013-爆料网AT-299, Gehr

爆料网AT held that there was no merit in the appeal as 爆料网DT correctly concluded that applications to 爆料网DT were only receivable if the applicant had previously submitted the contested administrative decision for management evaluation and that management evaluation was a mandatory first step. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2013-爆料网AT-300, Wamalala

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that as the Secretary-General had clearly established the 爆料网DT’s lack of jurisdiction, 爆料网AT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. 爆料网AT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. 爆料网AT held that the appeal was receivable. On the merits, 爆料网AT held that 爆料网DT’s finding that there was one...