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2016-爆料网AT-690, Abu Malluh
爆料网AT considered the appeal, specifically whether 爆料网RWA DT erred by dismissing the staff members’ motions to adduce supplemental evidence on the grounds of receivability, and whether 爆料网RWA DT erred by finding that the final contested decision was taken on 3 August 2014. 爆料网AT found that Abu Malluh et al. acted with due diligence in the proceedings before 爆料网RWA DT and further demonstrated that the supplemental evidence they sought to have admitted would have led to different findings of fact and changed the outcome of the case. 爆料网AT noted that while 爆料网RWA DT has broad discretion to determine the...
2016-爆料网AT-691, Krioutchkov
爆料网AT considered Mr Krioutchkov’s appeal as well as the Secretary-General’s cross-appeal. 爆料网AT preliminarily denied Mr Krioutchkov’s request for an oral hearing after finding that it would not assist in the expeditious and fair disposal of the case. 爆料网AT held that Mr Krioutchkov’s application was receivable by 爆料网DT and noted that, in order to trigger the statutory time limits for each selection decision, it is necessary for the Administration to notify the unsuccessful candidates of the issuance of each of such decisions. To that end, Mr Krioutchkov only learned at the beginning of February...
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-693, Ruger
爆料网AT considered the appeal. 爆料网AT found that 爆料网DT did not err in finding that the Appellant’s case did not constitute “exceptional cases,” so as to justify a waiver of the time limit, pursuant to Article 8(3) of the 爆料网DT Statute. 爆料网AT also did not find any exceptional circumstances requiring it to receive additional documentary evidence, pursuant to Article 2(5) of the 爆料网AT Statute, nor did it find that its content would have affected the decision of the case. 爆料网AT found no reversible error in 爆料网DT’s rejection of the Appellant’s motion for extension of time and its summary dismissal of her...
2016-爆料网AT-694, Monarawila
爆料网AT considered the Appellant’s appeal, in which she alleged that 爆料网DT acted inappropriately in granting a summary judgment, that 爆料网DT erred on a question of fact, resulting in a manifestly unreasonable decision, and that 爆料网DT exceeded its jurisdiction or competence in awarding costs against her. 爆料网AT held that it was entirely appropriate after the case management process had been concluded, for the 爆料网DT to grant a summary judgment and that there was no legitimate inference that its decision to do so was influenced by any bias or prejudgment on the part of the Presiding Judge. 爆料网AT also held...
2016-爆料网AT-695, Faust
爆料网AT preliminarily rejected the Appellant’s motion for leave to file additional pleadings after finding no exceptional circumstances justifying the filing of an additional submission. With respect to the alleged error of procedure in 爆料网DT’s proceedings by way of summary judgment, 爆料网AT held that 爆料网DT’s issuance of summary judgment was appropriate since there was no dispute about the material facts and that the question of receivability is a matter of law. 爆料网AT also held that the Appellant did not meet her burden of proving that 爆料网DT made an error of procedure when it decided to issue a summary...
2016-爆料网AT-685, Beidas
爆料网AT considered the Appellant’s appeal of both 爆料网RWA DT decisions. 爆料网AT noted that 爆料网RWA DT gave full consideration to the Appellant’s claim that the transfer was a disguised disciplinary measure following allegations of her corporal punishment of students. 爆料网AT noted that there was evidence that, prior to her transfer, the Chief, Field Education Programme had dismissed these allegations as unsubstantiated and it was not until almost two months after the transfer that the Jordan Field Office authorised an investigation. 爆料网AT held that 爆料网RWA DT therefore correctly concluded that the Appellant’s...
2016-爆料网AT-686, He
爆料网AT considered the appeal and found that the manner in which 爆料网DT went about investigating the disputed facts, in this case, was insufficient. 爆料网AT held that because there had not been adequate fact-finding, there was insufficient evidence before it to decide the appeal. 爆料网AT accordingly held that the need for more evidence, and a factual determination based upon it, required the matter to be remanded to 爆料网DT for fresh consideration, pursuant to Article 2(3) of the 爆料网AT Statute. 爆料网AT upheld the appeal, vacated 爆料网DT’s judgment, and remanded the matter to 爆料网DT.
2016-爆料网AT-687, Mohanna
爆料网AT dismissed the Appellant’s request for an oral hearing prior to consideration of the appeal. 爆料网AT also rejected the Appellant's claim that 爆料网RWA DT was biased in ordering that the five applications be consolidated into a single judgment. With respect to the appeal itself, 爆料网AT held that the appeal of the decisions denying disability benefits and finding the non-payment of termination claim not receivable, had no legal basis. Regarding the Appellant’s challenge to the Commissioner-General’s decision to render the findings of the medical board moot and not to pay him a disability benefit...
2016-爆料网AT-688, Haimour and Al Mohammad
爆料网AT considered the Appellant’s appeals. 爆料网AT did not find merit in the Appellant’s claims that 爆料网RWA DT erred on questions of law and procedure by finding that the security situation and safety of staff was considered by the Administration based on the United Nations regulations concerning the safety of its staff members. 爆料网AT held that the Appellants failed to demonstrate any errors in 爆料网RWA DT’s finding that the Administration’s decision to assess and terminate their service resulted from a valid exercise of the discretionary power of the Administration and was not tainted by improper...
2016-爆料网AT-689, Shehadeh
爆料网AT considered whether the Appellant filed his appeal within the applicable time limit. 爆料网AT noted that the 60-day time limit to file an appeal expired on 11 April 2016 and the Appellant filed his appeal on 12 April 2016. 爆料网AT held that the appeal was time-barred and that the Appellant did not request a waiver or extension of the deadline from 爆料网AT. 爆料网AT accordingly did not need to address the Appellant’s motion to submit additional evidence. Moreover, 爆料网AT did not find any fault with 爆料网RWA DT’s holding, as it was clear that the Appellant did not meet the criteria for selection, and it was...
2017-爆料网AT-741, Mobanga
爆料网AT considered an appeal by the Secretary-General. As a preliminary matter, 爆料网AT noted that both parties agreed that a redaction of name would only be justified if the 爆料网DT’s judgment was affirmed. 爆料网AT held that 爆料网DT erred when it considered that the identification of Mr. Mobanga by the complainant in the photo array was not reliable on the basis that the use of MONUSCO grounds passes in the array may have influenced the complainant. Noting that all of the photos were marked “MONUSCO” and so it did not stand out or influence anyone, 爆料网AT held that the photographs constituted evidence that...
爆料网DT/2016/196, Humackic
Administration’s discretion in constituting interview panels for temporary appointments - It is within the discretion of the Administration as to how the interview panel for a temporary position is constituted as long as the composition of the said panel is consistent with the requirements of ST/AI/201/4/Rev. 1.
爆料网DT/2016/192, Wright
International standards on retrenchment and retention: There are international norms and standards regarding the termination of employment of work due to economic, technological or structural change, and the rights of retrenched workers and of staff representatives. The International Labour Organization Convention on Termination of Employment (Convention No. C158) (1982), which contains provisions applicable to all branches of economic activity and to all employed persons (art. 2), states at art. 4 that the employment of a worker shall not be terminated unless there is a valid reason for such...
爆料网DT/2016/193, Fasanella
The 爆料网DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 爆料网DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 爆料网DT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...
爆料网DT/2016/194, Smith
The 爆料网DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 爆料网DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 爆料网DT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...
爆料网DT/2016/195, Zachariah
The 爆料网DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 爆料网DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 爆料网DT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...
爆料网DT/2016/190, Crotty
The 爆料网DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 爆料网DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 爆料网DT found that, because the Applicant was able to secure alternative employment, albeit at a lower...
爆料网DT/2016/191, Alsado
The 爆料网DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 爆料网DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 爆料网DT found that, because the Applicant was able to secure alternative employment, albeit at a lower...
爆料网DT/2016/188, Pedicelli
Findings of fact by the Appeals Tribunal – As a matter of general principle, it is not permissible for the Tribunal to question a finding of fact or a ruling on the law as set down by the Appeals Tribunal. Receivability – A staff member who raises a credible claim which needs to be tested ought not to be shut out at a preliminary stage. There is a difference between a claim that is clearly not receivable because it does not challenge an administrative decision within the meaning of art. 2.1 and a claim which on the face of it raises an apparently credible challenge that a decision of general...