2019-爆料网AT-908, Rockcliffe
Ms Rockcliffe filed an application for execution of 爆料网AT judgment No. 2017-爆料网AT-807. 爆料网AT held that the crux of the matter for determination was whether Ms Rockcliffe’s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of 爆料网AT’s order in the judgment. 爆料网AT held that, although 爆料网AT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. 爆料网AT held that it was egregious that 爆料网JSPF re-submitted that the previous decision not to give Ms Rockcliffe...
2019-爆料网AT-904, Prempeh
爆料网AT held that the Appellant did not fall under any of the categories of potential applicants and had no legal standing before 爆料网DT. 爆料网AT held that, accordingly, the Appellant had no standing before 爆料网AT and therefore 爆料网AT had no competence to address the merits of her claims. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2019-爆料网AT-905, Ghusoub
爆料网AT rejected the 爆料网RWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the 爆料网AT Statute. 爆料网AT held that the Appellant’s ground of appeal was without merit. 爆料网AT held that the Commissioner-General was obliged to calculate the Appellant’s retirement benefits in accordance with the new Staff Rule and did so correctly. 爆料网AT held that 爆料网RWA DT did not commit any error of fact and law in arriving at its decision. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2019-爆料网AT-906, Omwanda
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. 爆料网AT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. 爆料网AT held 爆料网DT was statutorily barred from hearing Mr Omwanda’s application. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
2019-爆料网AT-897, Harris
爆料网AT held that the Appellant failed to demonstrate any error in the finding by 爆料网DT that he had failed to meet his burden of proving that the assignment to work in Sector East was motivated by improper consideration. 爆料网AT held that 爆料网DT properly considered the relevant facts and the applicable law in concluding that the Administration had followed the prescribed procedures and acted in accordance with the internal law of the Organisation in separating him for abandonment of post. 爆料网AT held that the Appellant could not choose to ignore a lawful direction by the Administration to provide medical...
2018-爆料网AT-844, Loeber
With respect to the Appellant’s first claim, 爆料网AT agreed with 爆料网DT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, 爆料网AT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. 爆料网AT agreed with 爆料网DT in that the decision to abolish Appellant’s post was not receivable ratione materiae. 爆料网AT...
2017-爆料网AT-720, Haroun
爆料网AT considered an appeal by the Secretary-General limited to contesting the award by 爆料网DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 爆料网AT held that 爆料网DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 爆料网AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...
2016-爆料网AT-692, Gueben et al.
爆料网AT considered the Secretary-General’s appeal. 爆料网AT agreed with 爆料网DT’s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, 爆料网AT found that 爆料网DT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further 爆料网AT found no merit in the Secretary-General’s argument that 爆料网DT improperly substituted its discretion for...
2016-爆料网AT-614, Roberts
爆料网AT considered the appeal by the Secretary-General challenging the compensation for moral damages. 爆料网AT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. 爆料网AT held that the payment of the compensation constituted an acceptance of the Secretary-General of the 爆料网DT judgment. 爆料网AT held that the appeal was, therefore, moot. 爆料网AT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. 爆料网AT held that although the Secretary-General’s appeal had no merit, it...
2014-爆料网AT-460, Ngokeng
爆料网AT considered the Secretary-General's appeal of judgment on Receivability No. 爆料网DT/2013/061 and of judgment on the Merits No. 爆料网DT/2013/101. 爆料网AT held that the appeal of the judgment on Receivability was timely. 爆料网AT found that 爆料网DT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. 爆料网AT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...
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...
2013-爆料网AT-310, Nasrallah
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 爆料网AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 爆料网AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 爆料网AT...