2010-爆料网AT-066, El Khatib
爆料网AT considered an application for “reconsideration” of Judgment No. 2010-爆料网AT-029bis. 爆料网AT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. 爆料网AT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib’s appeal was dismissed as non-receivable and without merit, 爆料网AT held that the application for “reconsideration” constituted an abuse of the appeals...
2010-爆料网AT-055, Hijaz
爆料网AT held that 爆料网DT’s decision on an Appellant’s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the 爆料网AT Statute, since no appeal had yet been filed. 爆料网AT held, therefore, that 爆料网DT’s decision on the Appellant’s request of extension could not be appealed. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-052, Ardisson
爆料网AT held that the appeal was not filed untimely and was, therefore, receivable. 爆料网AT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, 爆料网DT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. 爆料网AT held that 爆料网DT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. 爆料网AT held, concerning the conclusion that compensation should be paid for moral damages...
2010-爆料网AT-045, Tsoneva
爆料网AT held that 爆料网DT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. 爆料网AT held that the Appellant had failed to establish that 爆料网DT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-037, Castelli
爆料网AT considered an appeal by Secretary-General. The Secretary-General contended that 爆料网DT erred by failing to recognize that the second contract by which Mr. Castelli’s appointment was extended beyond a year was invalid because it had not been submitted for review by a central review body. 爆料网AT held that, unless it is fake or fraudulent, a staff member’s appointment contract gives rise to entitlements upon the signing and acceptance by the staff member of their letter of appointment. 爆料网AT held that this is true even where the administration improperly handled the recruitment process. 爆料网AT held...
2010-爆料网AT-029, El-Khatib
爆料网AT held that the appeal was time-barred and, therefore, not receivable. However, 爆料网AT noted that, even if the appeal was receivable, there did not appear to be valid grounds for contesting the decision to withdraw the offer of appointment or for requesting compensation for loss of earnings. 爆料网AT also noted that the request for the removal of the defense brief from the file, as it contained information relating to the informal dispute resolution process, could have been taken into consideration since Article 15 of the 爆料网AT RoP provides that such information shall remain confidential and never...
2010-爆料网AT-032, Calvani
爆料网AT rejected the Secretary-General’s interlocutory appeal against the 爆料网DT order as not receivable, finding that 爆料网DT had discretionary authority in case management and the production of evidence in the interest of justice. 爆料网AT held that 爆料网DT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. 爆料网AT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.
2010-爆料网AT-021, Asaad
In reviewing the Appellant’s appeal, 爆料网AT found that the decision to terminate the Appellant’s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. 爆料网AT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. 爆料网AT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...
2010-爆料网AT-011, Kasmani
爆料网AT considered the Secretary-General’s appeal. 爆料网AT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. 爆料网AT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. 爆料网AT accordingly held that 爆料网AT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant’s...
2010-爆料网AT-003, Frechon
In considering the Appellant’s appeal, 爆料网AT found that the Standing Committee could not reject the request unless it disregarded the provisions of Article 33(a) of the 爆料网JSPF Regulations. However, 爆料网AT noted that it was not in a position to rule on the actual possibility for the Appellant to perform the duties of her respective position and held that the Standing Committee should reconsider the Appellant’s request. 爆料网AT rescinded the Standing Committee’s decision and remanded the Appellant’s request to the Standing Committee for review.