2014-爆料网AT-433-Corr.1, Hersh
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 爆料网AT held that 爆料网DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...
2014-爆料网AT-434, Beqai
爆料网AT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. 爆料网AT held that, other than repeating his arguments before the 爆料网RWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. 爆料网AT held that the claims of errors of fact on the part of 爆料网RWA DT, resulting in a manifestly unreasonable decision, were unsustainable. 爆料网AT held that 爆料网RWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...
2014-爆料网AT-423, Bastet
爆料网AT considered three appeals by Mr Bastet against Order No. 96 (NY/2013), Order No. 58 (GVA/2013)), and Order No. 160 (GVA/2013). Regarding 爆料网DT Order No. 96 (NY/2013), 爆料网AT held that the decision to transfer the Appellant’s case to Geneva fell squarely within the jurisdiction and competence of 爆料网DT. Regarding the second complaint, namely that 爆料网DT exceeded its competence and/or erred in law, fact, or procedure in restricting disclosure of documents and witnesses, 爆料网AT held that to order, or not to order certain documents also fell within the discretion of 爆料网DT. 爆料网AT held that the Appellant...
2014-爆料网AT-417, Luvai
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that no reasonable or objective analysis of Mr Luvai’s submissions to management, prior to his application to 爆料网DT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by 爆料网DT. 爆料网AT held that 爆料网DT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai’s firearm licence, 爆料网DT exceeded its competence. 爆料网AT held that 爆料网DT...
2014-爆料网AT-415, Santos
爆料网AT considered an appeal by the Secretary-General. As a preliminary matter, 爆料网AT rejected the request for an oral hearing finding there was no need for further clarification. 爆料网AT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member’s conversion to permanent appointment did not give 爆料网DT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. 爆料网AT held that it was not within 爆料网DT’s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...
2014-爆料网AT-410, Igbinedion
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not act lawfully in issuing an order in direct contravention of the established 爆料网AT jurisprudence. However, 爆料网AT also held that parties before 爆料网DT must obey its binding decisions and that a decision by 爆料网DT remained legally valid until such time as 爆料网AT vacated it. 爆料网AT held that the Secretary-General’s refusal to comply with 爆料网DT’s order was vexatious. 爆料网AT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. 爆料网AT upheld the appeal in part.
Accountability Referral: The 爆料网AT...
2014-爆料网AT-404, Bauza Mercere
爆料网AT held that there was no reason to interfere with 爆料网DT’s finding that the Appellant had not established the existence of a decision capable of giving 爆料网DT jurisdiction to embark upon a consideration of his complaints. 爆料网AT held that 爆料网DT had correctly determined that the application was not receivable ratione materiae. 爆料网AT held that 爆料网DT should not have embarked on a consideration of substantive issues, such as staff consultations and discrimination arguments, but instead should have confined itself to the issue of receivability. 爆料网AT dismissed the appeal with regard to the receivability...
2014-爆料网AT-396, Robineau
爆料网AT was persuaded for reasons of equity and good faith by the Appellant’s arguments rather than those put forward by the Secretary-General, although it did not accept the entirety of the Appellant’s arguments on the discontinuation issue. 爆料网AT held that in failing to give due consideration to the arguments raised by the Appellant regarding the years 1989 to 1997, 爆料网DT erred in law in retroactively applying former Staff Rule 104. 3 set forth in ST/SGB/2003/1 to the entirety of his service. 爆料网AT held that the Appellant was entitled to rely on the statutory provisions in force when he last...
2013-爆料网AT-390, Wesslund
爆料网AT considered a writ of mandamus from Ms Wesslund, who requested that 爆料网AT order 爆料网DT to accept her applications. 爆料网AT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against 爆料网DT Order No. 100 (NY/2013). 爆料网AT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to 爆料网AT for an extension or waive of the applicable time limits, 爆料网AT held that the appeal of the Order was not receivable ratione temporis. 爆料网AT dismissed the...
2013-爆料网AT-383, Bofill
On the Appellant’s claims of discriminatory and arbitrary practices, 爆料网AT did not find that 爆料网DT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and 爆料网DT’s findings demonstrated that it took cognisance of all relevant information. 爆料网AT held that there was no error by 爆料网DT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. 爆料网AT held that 爆料网DT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...
2013-爆料网AT-373, Czaran
爆料网AT held that the 爆料网DT judgment was not manifestly unreasonable in concluding that the date upon which the Appellant was on notice that he had received a response from the Management Evaluation Unit (MEU) or that it was his responsibility to read the MEU response as soon as possible. On the question of whether 爆料网DT erred in law and/or failed to exercise its jurisdiction in declining to consider the case on the merits, 爆料网AT held that, in the absence of a prior written request for a suspension or waiver of the time limit for filing his application, 爆料网DT was not competent to consider the issue...
2013-爆料网AT-367, Cranfield
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in its determination. 爆料网AT held that there was no legal basis for 爆料网DT to bind the Administration to a 90-day statutory time limit. 爆料网AT held that it was not necessary to remand the case to 爆料网DT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 爆料网AT held that as of 30 June 2009, 爆料网AT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...
2013-爆料网AT-360, McIlwraith
爆料网AT considered an appeal of judgment No. 爆料网DT/2012/131. 爆料网AT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. 爆料网DT/2012/131, as well as the staff members who appealed judgment No. 爆料网DT/2012/129 and judgment No. 爆料网DT/2012/130. 爆料网AT held that, since it had rescinded the 爆料网DT judgment against which the staff members appealed, the majority of their claims were rendered moot. 爆料网AT held that it's reasoning in Malmstr?m et al....
2013-爆料网AT-361, Ngoma-Mabiala
爆料网AT considered an appeal by the Secretary-General limited to the discrete issue of the “Observations” of 爆料网DT. 爆料网AT held that the Secretary-General, despite being the beneficiary of a 爆料网DT judgment in his favour, was entitled to appeal the observations. 爆料网AT held that 爆料网DT overstepped the mark to a significant degree in effectively recording, as part of its judgment, “Observations” in the manner in which it did. 爆料网AT held that, in light of the 爆料网DT’s determination on the issue of receivability, 爆料网DT had no jurisdiction to make “Observations” as it did. 爆料网AT allowed the appeal and ordered that...
2013-爆料网AT-358, Longone
爆料网AT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...
2013-爆料网AT-359, Ademagic et al. and McIlwraith
爆料网AT considered an appeal by the Secretary-General and an appeal Ademagic et al. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...
2013-爆料网AT-357, Baig et al.
爆料网AT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. 爆料网AT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, 爆料网AT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...
2013-爆料网AT-346, Goodwin
爆料网AT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that 爆料网DT declined to award pecuniary damages, 爆料网AT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of 爆料网DT such as would entitle 爆料网AT to interfere with the findings of 爆料网DT. 爆料网AT was satisfied that the Appellant had been properly compensated for moral damages. 爆料网AT held t that the substantive and procedural breaches identified by 爆料网DT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...
2013-爆料网AT-343, Larghi
爆料网AT determined that by refusing to review the staff member’s request, the 爆料网JSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose “is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ‘aberrant results’ or the situation where no up-to-date CPI data is available”. 爆料网AT upheld the appeal, vacated the decision of the Standing Committee of the 爆料网JSPB to reject the staff member’s request that the 爆料网JSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...
2013-爆料网AT-336, Akello
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a 爆料网 list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. 爆料网AT held that, in ruling otherwise, 爆料网DT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...