2013-爆料网AT-325, Servas
爆料网AT held that 爆料网DT did not err by not considering the various provisions of Staff Rule 3. 18. 爆料网AT held that a staff member’s failure to meet the requirements of either Annex IV or Staff Rule 3. 18 precluded the staff member from being eligible for a repatriation grant and, since the Appellant did not meet the requirement of Annex IV, that she relocate after separation from service, there was no need for 爆料网DT to consider whether she met the conditions for eligibility under Staff Rule 3. 18(c). 爆料网AT held that 爆料网DT did not err in determining the Appellant was not eligible for a repatriation...
2013-爆料网AT-314, Mpacko
爆料网AT held that Ms Mpacko’s claims addressed the merits of the 爆料网DT decision and did not amount to claims that the 爆料网DT exceeded its competence or jurisdiction in denying her application for suspension of action. 爆料网AT held that 爆料网DT did not exceed its competence or jurisdiction in denying Ms Mpacko’s application for suspension of action. 爆料网AT held that the appeal was not receivable.
2013-爆料网AT-311, Pirnea
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. 爆料网AT held that the 爆料网DT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that 爆料网DT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. 爆料网AT noted that...
2013-爆料网AT-298, Morsy
爆料网AT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. 爆料网AT noted that it was well within the discretion of 爆料网DT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. 爆料网AT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. 爆料网AT held that 爆料网DT did not err in awarding moral damages of USD 25,000. 爆料网AT held there was no merit in...
2013-爆料网AT-295, Powell
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 there was no breach of Mr Powell’s due process rights at the preliminary investigation stage. 爆料网AT held that 爆料网DT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. 爆料网AT allowed the appeal, set aside the 爆料网DT findings in paragraphs 86 and 106 of the...
2013-爆料网AT-292, Abu Jarbou
爆料网AT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. 爆料网AT held that the Appellant’s failure to object to the Respondent’s late reply before 爆料网RWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant’s claim that 爆料网RWA DT erred when it did not permit him to file a rejoinder to the Respondent’s reply, 爆料网AT held that since the Appellant did...
2012-爆料网AT-275, Cooke
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. 爆料网AT held that 爆料网DT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. 爆料网AT held that 爆料网DT had interpreted Articles 19 and 35 of the 爆料网DT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the 爆料网DT...
2012-爆料网AT-267, Achkar
爆料网AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 爆料网AT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. 爆料网AT held that 爆料网DT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before 爆料网RWA DT. 爆料网AT held that 爆料网DT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...
2012-爆料网AT-261, Badawi
爆料网AT addressed the staff member’s appeal seeking reversal of the 爆料网RWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. 爆料网AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 爆料网AT held that the Appellant’s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. 爆料网AT held that 爆料网RWA DT was correct in finding that the Agency’s extension of the Appellant’s...
2012-爆料网AT-254, Nyakossi
爆料网AT considered the Secretary-General’s appeal. 爆料网AT noted that 爆料网DT did not find that the Applicant was distressed by 爆料网HCR’s illegal conduct or that he had suffered any adverse consequences or harm from 爆料网HCR’s procedural error in following the opinion of DSS. 爆料网AT held that 爆料网DT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. 爆料网AT upheld the appeal and reversed the 爆料网DT judgment regarding the award of damages to the staff member.