2021-爆料网AT-1081, Da Silveira
爆料网AT agreed with 爆料网DT and found that the evidence on the record supports the 爆料网DT finding that the staff member’s absence from 18 January 2017 to 26 July 2018 was unauthorized, as she did not provide a duly authorized medical certificate or other justification for her failure to report to work. 爆料网AT also found that the refusal of the Medical Services Division (MSD) to certify the staff member’s sick leave request after 18 January 2017 was reasonable and that the MSD was the competent technical body to evaluate medical certifications. 爆料网AT further agreed with 爆料网DT that the staff member had the...
2021-爆料网AT-1082, Kanbar
爆料网AT agreed and found the evidence on the record supports the 爆料网DT finding that the administrative action was lawful and rational in furtherance of the operational needs of the Organization. Second, 爆料网AT also found no error in the 爆料网DT conclusion that the administrative decision was not tainted by improper motives, and that the staff member had failed to meet her burden of proof of proving otherwise. Finally, 爆料网AT found no error in the 爆料网DT conclusion that the additional commute of 17 km was not overly onerous, yielding to a disproportionate measure by the Administration.
2020-爆料网AT-993, Ruyffelaere
爆料网AT held that the Appellant’s application regarding the implied decision conveyed in a conversation with his colleague was, indeed, not receivable ratione materiae. However, 爆料网AT held that a later letter of response from the Administration effectively re-set the clock for the Appellant to file his request for management evaluation. 爆料网AT held that the express decision in the letter, containing the rejection of the Appellant’s complaint and the reasons, therefore, was not a mere confirmation of the previous implied administrative decision, but a new, appealable decision. 爆料网AT held that 爆料网DT...
2020-爆料网AT-988, Gueben
爆料网AT considered the legality and rationality of the Administration’s conclusion that it was not in its interests to retain the Appellant because he did not possess the relevant language skills. 爆料网AT held that it was necessary for the Administration to take into consideration the interests, needs, and operational realities of the Organisation when determining the suitability of staff members for a permanent appointment. 爆料网AT held that there was undoubtedly a rational basis for the denial of a permanent appointment for the Appellant. 爆料网AT noted that irrespective of whether the Appellant was...
2020-爆料网AT-1073, Erik Kennes
爆料网AT affirmed 爆料网DT’s position regarding the moment the Appellant knew or reasonably should have known of the content and finality of the decision and that it triggered the time limit to request management evaluation. 爆料网AT further affirmed 爆料网DT’s position that the Appellant’s request for management evaluation was time-barred. 爆料网AT, however, noted that 爆料网DT should have found the application not receivable ratione materiae, which is the case if there is no timely request for management evaluation, rather than ratione temporis. 爆料网AT further noted that this error by 爆料网DT did not adversely affect...
2020-爆料网AT-1066, Krioutchkov
爆料网AT noted that, at the time of applying for the position, information was available to the Appellant in the form of the Inspira Applicant’s Manual, including the World Higher Education Database list, which meant that he had the information about how to reflect his degree correctly in his electronic application and that an inaccurate application would render him ineligible for the position. 爆料网AT held that 爆料网DT did not make any errors of law or fact in dismissing the Appellant’s challenge of the decision not to consider or select him for the position. 爆料网AT dismissed the appeal and affirmed the...
2020-爆料网AT-1054, Ross
On the Applicant’s claim that 爆料网DT committed an error of procedure by not allowing him to submit an affidavit from his former supervisor, 爆料网AT held that 爆料网DT properly exercised its broad discretion under Article 18(1) of its Rules of Procedure in determining the admissibility as well as the evidentiary value and weight of the proffered affidavit. 爆料网AT held that 爆料网DT’s conclusions were consistent with the evidence. 爆料网AT held that the Appellant did not meet the burden of proof for demonstrating an error in the judgment such as to warrant its reversal. 爆料网AT dismissed the appeal and affirmed the...
2020-爆料网AT-1052, Ahmad
爆料网AT considered an appeal by Mr Ahmad and a cross-appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to hold that Mr Ahmad’s appointment was not terminated. 爆料网AT held that 爆料网DT should not have rescinded the decision placing him on SLWFP. 爆料网AT held that 爆料网DT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. 爆料网AT held that 爆料网DT was correct to reject Mr Ahmad’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. 爆料网AT held...
2020-爆料网AT-1044, Handy
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was unable to detect any fault in the 爆料网DT’s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. 爆料网AT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant’s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. 爆料网AT held that the application was...
2020-爆料网AT-1024, Nyawa
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. 爆料网AT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. 爆料网AT held that the established facts amounted to misconduct on the part of Mr. Nyawa. 爆料网AT disagreed with 爆料网DT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, 爆料网AT found that 爆料网DT’s holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting 爆料网AT intervention...
2020-爆料网AT-1020, Dibs
爆料网AT considered an application for execution of judgment No. 2017-爆料网AT-798 by Mr. Dibs. 爆料网AT granted in part the application for execution of judgment and ordered 爆料网RWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. 爆料网AT considered that the request for moral and pecuniary damages did not fall within the scope of the application.
2020-爆料网AT-1022, El Shanti
爆料网AT considered two appeals (consolidated) by Mr ElShanti of judgment No. 爆料网RWA/DT/2019/051 and judgment No. 爆料网RWA/DT/2019/065 respectively. On the consolidation of the cases, 爆料网AT held that 爆料网RWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party’s right to produce evidence. Accordingly, 爆料网AT rejected Mr ElShanti’s arguments against consolidation. 爆料网AT held that there was no merit to Mr ElShanti’s claims that the characterization of the impugned administrative decision was incorrect, noting that 爆料网RWA...
2020-爆料网AT-1016, Abu Ata et al
爆料网AT held that 爆料网RWA DT exercised its discretion to consolidate the cases lawfully and appropriately. 爆料网AT held that there was a bona fide reason to restructure and that it was operationally rational to abolish the posts and reclassify them from full-time to part-time posts at that time. 爆料网AT held that the Appellants’ contention that their acquired rights were violated had no merit. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2020-爆料网AT-1014, Chhikara
爆料网AT held that the reason upon which 爆料网DT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. 爆料网AT held that, given the grossly negligent illegalities in which the selection process was conducted as found by 爆料网DT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the 爆料网DT judgment. 爆料网AT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not...
2020-爆料网AT-1008, Fosse
爆料网AT agreed with 爆料网DT that the Appellant’s claim of constructive dismissal was not receivable. 爆料网AT held that it was well within 爆料网DT’s jurisdiction and that 爆料网DT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant’s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, 爆料网AT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...
2020-爆料网AT-1005, Barri
爆料网AT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant’s request for an oral hearing. 爆料网AT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before 爆料网DT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. 爆料网AT held that 爆料网DT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...
2020-爆料网AT-1004, Larriera
爆料网AT held that 爆料网JSPF’s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by 爆料网JSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to 爆料网AT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, 爆料网AT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. 爆料网AT held that Ms. Larriera’s request for review was receivable ratione materiae and that Ms. Larriera’s appeal was...
2019-爆料网AT-974, Salah
爆料网AT held that the Appellant failed to identify grounds for his appeal. 爆料网AT held that the Appellant’s case was fully and fairly considered. 爆料网AT held that 爆料网RWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. 爆料网AT held that the decision to terminate the Appellant’s appointment on medical grounds was a reasonable and valid exercise of 爆料网RWA’s discretion. 爆料网AT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...
2019-爆料网AT-967, Olowo-Okello
On the question of the non-renewal of appointment, 爆料网AT held that 爆料网DT correctly concluded that (1) the Appellant’s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant’s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the “decision” of the Administration to place adverse material in the Appellant’s official status file and to block him from being rehired, 爆料网AT held there was no final, appealable...
2019-爆料网AT-960, Abdeljalil
爆料网AT held that the Appellant’s case was fully and fairly considered by 爆料网RWA DT. 爆料网AT found no error of law in 爆料网RWA DT’s decision. 爆料网AT held that 爆料网RWA DT properly reviewed the contested decision in accordance with the applicable law. 爆料网AT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. 爆料网AT held that, by applying objective criteria in the reduction of the staffing levels, 爆料网RWA adhered to the principles of equality...