2014-爆料网AT-443, Hunt-Matthes
爆料网AT considered an appeal by the Secretary-General. 爆料网AT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member’s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey’s summary of evidence. 爆料网AT held that 爆料网DT erred in not attaching any importance to this omission. 爆料网AT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. 爆料网AT held that the Secretary-General...
2014-爆料网AT-444, Hunt-Matthes
爆料网AT considered the Secretary-General’s appeal regarding the judgment on Receivability (爆料网DT/2011/063) and the judgment on the Merits (爆料网DT/2010/085). As a preliminary matter, 爆料网AT denied Ms Hunt-Matthews' request for an oral hearing. 爆料网AT noted that the Secretary-General may properly appeal the judgment on Receivability as part of the judgment on the Merits and that it was timely. 爆料网AT considered whether 爆料网DT should have received Ms Hunt-Matthes’ application and found that it was not receivable ratione materiae. 爆料网AT found that 爆料网DT erred when it determined that Ms Hunt-Matthes’ claims of...
2014-爆料网AT-435, Hushiyeh
On appeal, 爆料网AT noted that the Appellant had acknowledged in a Memorandum from 6 July 2002 that he was driving after duty hours when the accident occurred. 爆料网AT held that the Appellant had failed to provide any documentary or other evidence to the contrary. 爆料网AT held that 爆料网RWA DT did not err in fact when it found that the Appellant was not on duty at the time of the accident and did not err in law when it determined he had no legal right to compensation under MTTI No. 6. 爆料网AT further held that 爆料网RWA DT did not make an error of law in discounting the Israeli court’s evaluation of the Applicant...
2014-爆料网AT-428, Kulawat
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members’ suitability for conversion. 爆料网AT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. 爆料网AT held that 爆料网DT had made a significant error of law in concluding that the impugned decision was unlawful. 爆料网AT held that 爆料网DT had erred in...
2014-爆料网AT-424, McCloskey
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that as a consequence of the 爆料网 Income Tax Unit’s (ITU) unlawful decision, the staff member had been harmed in the amount of the foreign tax credits he was required to use since he no longer had use of these credits to reduce his or his wife’s income tax liability in future years. 爆料网AT held that the staff member’s claim for a refund was not moot, as 爆料网DT had correctly determined. 爆料网AT held that there was no basis to the Secretary-General’s claim that the ITU did not need to provide a refund of the foreign tax credits to the staff...
2014-爆料网AT-406, Chahrour
On the issue of receivability, 爆料网AT held that there was no merit to the Appellant’s claim that 爆料网RWA DT had exceeded its competence or jurisdiction in summarily addressing sua sponte the issue of the receivability of the application when the Commissioner-General did not raise that issue in his reply. 爆料网AT held that the Appellant’s request for review of the contested decision was filed almost a year after he knew of the implied decision and was, therefore, untimely. 爆料网AT rejected the Appellant’s contentions against the participation of the Commissioner-General in the proceedings and to file a...
2014-爆料网AT-402, Egglesfield
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT’s analysis of the receivability of the application was replete with factual and legal errors. 爆料网AT held that 爆料网DT had made an error of fact and law when it tolled the limitations period for seeking management evaluation for the period 23 June to 23 August 2011. 爆料网AT held that tolling the limitations period for the two or three days of the Ombudsman’s assistance, which took place after the limitations period had expired, did not assist the staff member. 爆料网AT held that there was no legal authority for 爆料网DT to commence the...
2014-爆料网AT-403, Diabagate
爆料网AT noted that V01 had not been placed under oath before giving her interview and that she did not sign the transcribed version of her interview statement. 爆料网AT held that V01’s transcribed statement, in which she said that the Appellant had raped her and engaged in sex with her, was neither reliable nor trustworthy; it was solely hearsay and insufficient, by itself, to prove the charge that the Appellant engaged in sexual activity with a minor. 爆料网AT held that similarly the other written documents were replete with hearsay and multiple hearsays and were neither trustworthy nor sufficient to...
2014-爆料网AT-399, Egglesfield
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not err in law or in fact in determining that the contested decision was unlawful. 爆料网AT held that there was no merit to the Secretary-General’s claim that the staff member could not challenge the decision not to reinstate him because he had entered a binding contract with the Administration when he signed the offer of appointment or the letter of appointment, both of which were silent about reinstatement. 爆料网AT held that 爆料网DT had correctly concluded that the reinstatement was not foreclosed by the absence of a reference...
2013-爆料网AT-391, Elasoud
爆料网AT considered Mr Elasoud’s application for revision of judgment No. 2011-爆料网AT-173. 爆料网AT held that the grounds set out by Mr Elasoud did not come within Article 11(1) of the 爆料网AT Statute, and he did not specify any fact of which he and 爆料网AT were not aware when his appeal was considered. 爆料网AT held that a review of the application showed that Mr Elasoud merely disagreed with the decision of 爆料网AT. 爆料网AT dismissed the application for revision.
2013-爆料网AT-380, Cooke
爆料网AT considered an appeal by the Secretary-General. 爆料网AT considered that 爆料网DT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke’s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. 爆料网AT held that when it determines that 爆料网DT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. 爆料网AT clarified that this did not...
2013-爆料网AT-381, Applicant
爆料网AT considered an appeal by the Secretary-General against judgment No. 爆料网DT/2012/159; an appeal by the “Applicant” (anonymity granted) against judgment No. 爆料网DT/2013/079; and a cross-appeal by the Secretary-General of judgment No. 爆料网DT/2013/079. On receivability, 爆料网AT considered the Secretary-General’s case that 爆料网DT erred on the issue of receivability as the non-disciplinary issues contested by the Applicant were never submitted for management evaluation. 爆料网AT held that 爆料网DT, in deciding that the non-disciplinary issues had been submitted for management evaluation, erred in law and in fact...
2013-爆料网AT-376, Williams
Noting the Secretary-General’s contention that administrative review by ICAO is the equivalent of management evaluation under Article 7(3) of the 爆料网AT Statute, and Article 7(3) must be interpreted in the same manner as Article 8(3) of the 爆料网DT Statute, 爆料网AT agreed that Article 7(3) prohibited 爆料网AT from waiving the deadline by which the Appellant was required to seek administrative review. 爆料网AT held that it did not have jurisdiction or competence to address the merits of the substantive claims of the Appellant since AJAB did not consider the merits of those claims as the neutral first instance...
2013-爆料网AT-372, Branche
The Tribunal, referring to O’Hanlon, (which was not before the 爆料网DT), stated that, “This Tribunal interpreted the Inter-Organisation Agreement Concerning Transfer, Secondment or Loan of Staff Among the Organisations Applying the United Nations Common System of Salaries and Allowances to require that service in the releasing Organisation will be counted as service in the receiving Organisation. The Inter-Organisation Agreement interpreted that O’Hanlon was remarkably similar to Article 5. 1 of the IAMA, which pertains to service credits for staff who transfer under the IAMA. Under the rationale...
2013-爆料网AT-366, Abu Ghali
On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, 爆料网AT agreed with 爆料网RWA DT’s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, 爆料网AT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. 爆料网AT recalled the jurisprudence of the former 爆料网 Administrative Tribunal that different onuses and burdens of proof arise under...
2013-爆料网AT-352, Cohen
爆料网AT considered an application for revision of judgment No. 2011-爆料网AT-131 by Ms Cohen. 爆料网AT held that none of the grounds for revision set forth by Ms Cohen met the requirements of Article 11(1) of the 爆料网AT Statute or Article 24 of the 爆料网AT Rules of Procedure. 爆料网AT held that none of the grounds provided were new facts, but rather they were new legal arguments and an attempt by Ms Cohen to re-litigate her case and complain about 爆料网AT reducing the compensation awarded. 爆料网AT dismissed the application for revision.
2013-爆料网AT-347, Appleton
爆料网AT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. 爆料网AT held by majority that 爆料网DT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. 爆料网AT held that it was entirely appropriate for 爆料网DT to approach the issue of compensation under Article 10(5) of the 爆料网DT Statute by engaging in a consideration of Mr Appleton’s likely prospects of success. 爆料网AT held that 爆料网DT correctly found that Mr Appleton’s appointment to the post was not a foregone conclusion and thus he had no...
2013-爆料网AT-349, Servas
爆料网AT agreed with 爆料网DT and its conclusion that the application was not receivable ratione materiae. 爆料网AT noted that a request for management evaluation must be submitted prior to bringing an application before 爆料网DT. 爆料网AT further noted that, even if the Management Evaluation Unit (MEU) had failed to resolve the Appellant’s complaints about the contested decision, she still had the opportunity to file a timely application with 爆料网DT for judicial review after she receive the response from the MEU but had chosen not to do so. 爆料网AT held that 爆料网DT exceeded its competence and jurisdiction in addressing...
2013-爆料网AT-345, Neault
爆料网AT considered an appeal by the Secretary-General. 爆料网AT considered it both reasonable and practical to provide for two different dates from which the time limit commenced to run. When the management evaluation is received within the deadline of 45 days, an application must be filed with the 爆料网DT within 90 calendar days of an applicant’s receipt of the management evaluation response. However, when the management evaluation is received after the deadline of 45 calendar days but before the expiration of 90 days for applying to 爆料网DT, the receipt of the management evaluation will result in setting...
2013-爆料网AT-338, Dzuverovic
爆料网AT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic’s appeal, 爆料网AT held that 爆料网DT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General’s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by 爆料网DT, 爆料网AT held that the approach of 爆料网DT did not merit the remedy...