爆料网

Juge Chapman

Juge Chapman

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2015-爆料网AT-566, Terragnolo

爆料网AT held that 爆料网DT did not make an error of law in concluding that the Appellant’s application was not receivable ratione materiae. 爆料网AT held that 爆料网DT correctly concluded that there was no implied administrative decision to challenge at the time the Appellant filed his judicial review application and that his application was also not receivable on that basis. 爆料网AT found no errors of fact or law by 爆料网DT in awarding costs against the Appellant. 爆料网AT held that the Appellant was well-aware of his obligation to comply with Staff Rule 11.2(a), yet he: (a) intentionally failed to seek management...

2015-爆料网AT-560, Staedtler

爆料网AT considered an interlocutory appeal against Order No. 116 and Order No. 126 by Mr Staedler. Regarding Order No. 116, Mr Staedler requested that the Order be rescinded, that Order No. 078 (NBI/2014) be reinstated, and that the Secretary-General’s reply be stricken as untimely. Regarding Order No. 126, Mr Staedler requested that the portion of the Order admonishing him be rescinded and that the Order not be published in its present form. On Mr Staedler’s contention that 爆料网AT should receive the appeal because it was an exceptional case in which 爆料网DT exceeded its jurisdiction or competence...

2015-爆料网AT-544, Nartey

爆料网AT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. 爆料网AT held that 爆料网DT made an error of law when it found the decision to deny Mr Nartey’s request to grant him a lien on his post was an abuse of authority. 爆料网AT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. 爆料网AT held that 爆料网DT made an error of law when it concluded that the impugned decision was retaliatory. 爆料网AT held that 爆料网DT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. 爆料网AT...

2015-爆料网AT-540, Aliko

On the basis that the Appellant did not raise claims under the 爆料网AT Statute, reargued the claims he presented to 爆料网DT and failed to explain how 爆料网DT erred in deciding his claims, 爆料网AT dismissed the appeal. 爆料网AT held that 爆料网DT did not make any errors of law or fact in denying the Appellant’s application and concluding that the selection process was correctly followed, the candidate was fully and fairly considered and there was no bias or procedural flaw. 爆料网AT held that 爆料网DT properly refused to address the Appellant’s various claims of harassment on the ground that he failed to establish proof...

2015-爆料网AT-534, Assale

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT made an error of law when it applied 爆料网ICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. 爆料网AT held that 爆料网DT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. 爆料网AT held that 爆料网DT’s conclusion that the non-renewal decision was vitiated by 爆料网ICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. 爆料网AT held that 爆料网DT erroneously concluded that both the Chad Country...

2015-爆料网AT-526, Tintukasiri et al

On the Appellants’ request for an oral hearing, 爆料网AT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants’ request that the appeal be heard by a full bench, 爆料网AT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. 爆料网AT held that: 爆料网DT was competent to review its own competence or jurisdiction; 爆料网DT correctly applied the jurisprudence of 爆料网AT in the definition of...

2015-爆料网AT-520, Eng

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT’s legal conclusion that the application was timely was erroneous. 爆料网AT held that the application was not timely and not receivable ratione temporis. 爆料网AT held that 爆料网DT exceeded its competence or jurisdiction in receiving the application and addressing its merits. 爆料网AT granted the appeal and vacated the 爆料网DT judgment.

2015-爆料网AT-515, von der Schulenburg

爆料网AT considered the consolidated appeals of judgment Nos. 爆料网DT/2013/178 and 爆料网DT/2014/041. The Appellant had filed Motions to Withdraw and Strike both of his appeals on the ground that mediation was successful and all claims/disputes were settled between the parties. 爆料网AT granted the Appellant’s motions and directed the Registrar to close 爆料网AT Case Nos. 2014-589 and 2014-621.

2015-爆料网AT-500, Said

爆料网AT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. 爆料网AT held that 爆料网DT made several errors of law when it found 爆料网ICEF’s decision not to renew Mr Said’s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. 爆料网AT held that 爆料网DT did not accord any deference to 爆料网ICEF’s conclusion that Mr Said’s performance was poor and, instead, 爆料网DT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. 爆料网AT held that 爆料网DT made...

2015-爆料网AT-503, Hepworth

爆料网AT considered an appeal of judgment No. 爆料网DT/2013/151 by the Secretary-General. As a preliminary matter, 爆料网AT held that 爆料网DT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and 爆料网AT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. 爆料网AT held that 爆料网DT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by 爆料网AT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

2014-爆料网AT-493, Das

爆料网AT considered Ms Das’s application for Interpretation of judgment with respect to the award of interest on the compensatory damages and any remaining termination benefits and entitlements. 爆料网AT noted that its earlier jurisprudence held that interest was to be paid at the US Prime rate from the date on which the entitlement becomes due, which in this case is the date of the 爆料网DT judgment. 爆料网AT noted that it had merely affirmed the award of compensatory damages and termination benefits by 爆料网DT and had not initiated it. 爆料网AT held that there was no merit to the Secretary-General’s claim that...

2014-爆料网AT-490, Dzuverovic

爆料网AT considered Ms Dzuverovic’s Application for Interpretation of judgment, specifically the portion that dismissed the Secretary-General’s cross-appeal to redact the recommendations made by 爆料网DT and thus allowed them to remain despite the fact that Ms Dzuverovic’s 爆料网DT application was not receivable. 爆料网AT held that it explained the meaning and scope of its decision to dismiss the Secretary-General’s cross-appeal and not to redact the 爆料网DT recommendations when it stated that the recommendations had no binding consequences on the parties. 爆料网AT found that the judgment was not ambiguous and...

2014-爆料网AT-486, Khan

As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing. 爆料网AT then considered the Appellant’s claims that the facts were not established by clear and convincing evidence, that there were procedural flaws during the disciplinary proceedings, and that his separation from service was not warranted. 爆料网AT held that clear and convincing evidence showed that the Appellant harassed all the alleged victims and abused his authority, in violation of WFP’s Harassment Policy. 爆料网AT also held that 爆料网DT correctly found that the sanction of separation from service was proportionate...

2014-爆料网AT-481, Lee

爆料网AT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. 爆料网DT/2013/147. As a preliminary matter, 爆料网AT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, 爆料网AT found that 爆料网DT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. 爆料网AT held that the appeals of these Orders were not...

2014-爆料网AT-469, Eissa

爆料网AT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. 爆料网AT held that there was no merit in the Secretary-General’s contention that 爆料网DT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. 爆料网AT held that there was no merit in the Secretary-General’s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. 爆料网AT noted that an award under Article 10(5)(a) of the 爆料网DT Statute is alternative...

2014-爆料网AT-463, Slade

爆料网AT considered the Appellant’s appeal and noted that the letters of appointment issued to the Appellant for the period of 1 July 2009 through 30 June 2012 did not refer to either the Memorandum, that described the planned phasing-out of the PTA, or the PTA itself. 爆料网AT also noted that the PTA is neither a benefit or entitlement under the Staff Regulations and Rules, which “embody the conditions of service and the basic rights and duties and obligations of United Nations staff members,” nor an “administrative issuance in application of, and consistent with, the said Regulations and Rules. ”...

2014-爆料网AT-464, Vorobiev

爆料网AT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. 爆料网AT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find “good cause” to waive the sixty days’ time limit for review set forth in Section K of the 爆料网JSPF Administrative Rules. 爆料网AT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between 爆料网JSPF and CTBTO. 爆料网AT...

2014-爆料网AT-456, Pirnea

爆料网AT considered both an application for Revision of judgment No. 2013-爆料网AT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, 爆料网AT held that Mr Pirnea did not set forth a new fact that was unknown to both him and 爆料网AT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the 爆料网AT Statute and Article 24 of the 爆料网AT Rules of Procedure. On the motion for confidentiality, 爆料网AT noted that the motion was late, and it was unlikely that confidentiality could be achieved...

2014-爆料网AT-447, Terragnolo

The first issue 爆料网AT considered was whether 爆料网DT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and 爆料网AT found that 爆料网DT did not err in this regard. 爆料网AT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the 爆料网 Joint Staff Pension Fund requires that “[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...