Search
2015-爆料网AT-564, El-Shobaky
爆料网AT held that, while it may be argued that the Appellant did not request her transfer to Amman, she consented to it, and the transfer was effected for her personal convenience. 爆料网AT held that the text of 爆料网RWA Area Staff Rule 107. 9 was clear and that 爆料网RWA DT correctly concluded that she was not entitled to the payment which she sought. 爆料网AT held that, contrary to the Appellant’s submissions, 爆料网RWA DT did not exclude her evidence. Recalling the broad discretion of 爆料网RWA DT to ascertain the weight to attach to the evidence before it, 爆料网AT noted that 爆料网RWA found that the Appellant’s evidence...
2015-爆料网AT-553, Dia
Noting that that the crux of the Appellant’s appeal was that 爆料网DT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, 爆料网AT held there was merit to the appeal. 爆料网AT held that there was no evidence that the Appellant’s claim for moral damages was properly considered by 爆料网DT. 爆料网AT held that on the totality of the evidence, the Appellant had a claim for moral damages. 爆料网AT upheld 爆料网DT’s finding that the recruitment process was flawed in that it was affected by the perception of bias. 爆料网AT granted the appeal in...
2015-爆料网AT-539, Aliko
爆料网AT considered appeals by both Mr Aliko and the Secretary-General. 爆料网AT held that 爆料网DT correctly concluded that Mr Aliko’s application contesting the decision refusing his request to change nationality for 爆料网 purposes was time-barred. 爆料网AT held that 爆料网DT did not err in rejecting as not receivable Mr Aliko’s claims against the decisions on his ineligibility for education grant and on education grant recovery. 爆料网AT held that it was lawful for the Administration to use Mr Aliko’s pending entitlements to recover part of his indebtedness to the Organisation. 爆料网AT held that 爆料网DT erred in concluding...
2015-爆料网AT-540, Aliko
On the basis that the Appellant did not raise claims under the 爆料网AT Statute, reargued the claims he presented to 爆料网DT and failed to explain how 爆料网DT erred in deciding his claims, 爆料网AT dismissed the appeal. 爆料网AT held that 爆料网DT did not make any errors of law or fact in denying the Appellant’s application and concluding that the selection process was correctly followed, the candidate was fully and fairly considered and there was no bias or procedural flaw. 爆料网AT held that 爆料网DT properly refused to address the Appellant’s various claims of harassment on the ground that he failed to establish proof...
2015-爆料网AT-541, Hasan
The Appellant appealed the 爆料网RWA DT judgment failure to consider several points and to address compensation. 爆料网AT held that the Appellant did not identify any of the requisite grounds in his appeal. 爆料网AT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to 爆料网RWA DT. 爆料网AT upheld the 爆料网RWA DT’s decision not to award compensation on the basis that there was no evidence in support of the Appellant’s claim of psychological suffering. 爆料网AT held that the Appellant’s case was...
2015-爆料网AT-542, Nielsen
爆料网AT had before it an appeal against both Order No. 63 (GVA/2014) and Summary judgment No. 爆料网DT/2014/061. On the Appellant’s additional filings and motions to submit additional pleadings, 爆料网AT held that there were no exceptional circumstances that warranted the inclusion of any of the additional material in the appeal and denied the motions. On the Appellant’s motion requesting 爆料网AT to intervene in matters which fell outside the scope of the appeal, 爆料网AT denied the motion. On the Appellant’s appeal of Order No. 63 (GVA/2014), 爆料网AT rejected the appeal on the basis that her appeal grounds did...
2015-爆料网AT-543, Abu Ayyash
爆料网AT held that there was no error in the 爆料网RWA DT decision that the Appellant did not challenge a discretionary administrative decision that breached the terms of his appointment, rather, he was challenging the rule providing for the manner in which separation benefits should be calculated, including the applicable interest rate. 爆料网AT held that the Appellant did not challenge an appealable administrative decision in that he did not contest a unilateral decision taken by the administration in a precise individual case. 爆料网AT held that 爆料网RWA DT correctly held that the publication of interest...
2015-爆料网AT-544, Nartey
爆料网AT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. 爆料网AT held that 爆料网DT made an error of law when it found the decision to deny Mr Nartey’s request to grant him a lien on his post was an abuse of authority. 爆料网AT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. 爆料网AT held that 爆料网DT made an error of law when it concluded that the impugned decision was retaliatory. 爆料网AT held that 爆料网DT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. 爆料网AT...
2015-爆料网AT-545, Jaffa
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred by considering as mitigating factors the recommendation of Mr Jaffa’s immediate supervisors that his actions warranted a reprimand and the fact that Mr Jaffa continued to perform for two further years (with positive reviews). 爆料网AT held that 爆料网DT erred in not attaching sufficient importance to the fact that Mr Jaffa held a position of trust as a Finance Assistant. 爆料网AT held that the Secretary-General had not overlooked relevant mitigating factors in imposing the sanction of separation from service. 爆料网AT held that it...
2015-爆料网AT-546, Staedtler
爆料网AT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. 爆料网AT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant’s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. 爆料网AT held that 爆料网DT correctly concluded that the Appellant’s challenge which related to the comments of...
2015-爆料网AT-547, Staedtler
爆料网AT held that the Appellant’s argument that 爆料网DT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. 爆料网AT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of 爆料网DT to determine admissibility and weighing of evidence, 爆料网AT held that there was no merit in the Appellant’s submission that 爆料网DT erred in law and fact when it failed to draw the necessary inference from...
2015-爆料网AT-548, Khaleel
爆料网AT held that it was satisfied that the rejection of the application as not receivable was correct on the basis that the Appellant did not seek decision review within the mandatory time period, which meant that 爆料网RWA DT was precluded in law from considering the merits of his application. 爆料网AT held that the Appellant did not identify how the 爆料网RWA DT judgment was in any way defective or demonstrated that 爆料网RWA DT erred in relation to its jurisdiction or committed an error of fact or law or procedure such as would warrant intervention by 爆料网AT. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT...
2015-爆料网AT-549, Ogorodnikov
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the Secretary-General’s appeal was filed on time and was receivable. 爆料网AT held that, since the parties agreed to and identified the facts in their Joint Statement, it was not open to 爆料网DT to conduct its own evaluation and then to substitute its view for that of the parties. 爆料网AT held that the misconduct was of a grave and serious nature and in those circumstances, the sanction of separation was reasonable and not disproportionate and/or arbitrary. 爆料网AT held that 爆料网DT erred when it reversed the Secretary-General’s decision to...
2015-爆料网AT-550, Mizyed
爆料网AT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to 爆料网DT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, 爆料网AT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. 爆料网AT agreed with the finding of 爆料网DT that the established facts amounted to serious...
2015-爆料网AT-551, Ibom
爆料网AT refused the Appellant’s motion to file additional pleadings, noting that the Appellant had not demonstrated any exceptional circumstances which would justify 爆料网AT exercising its discretion to allow him to file additional pleadings. 爆料网AT held that 爆料网DT did not err in deciding that, since the Appellant had waited more than five years to finally contest the administrative decision, his application was not receivable. 爆料网AT held that the 爆料网DT correctly found that, even if it was minded to consider the application, it was barred from doing so by Article 8(4) of the 爆料网DT Statute which provided...
2015-爆料网AT-552, Gallo
爆料网AT held that it could discern no error in 爆料网DT’s computation of the applicable time limits. 爆料网AT considered that the 爆料网DT decision that it had no jurisdiction to consider the merits of the Appellant’s claim was reasonable and there were no grounds for overturning it. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2015-爆料网AT-538, Bezzicheri
爆料网AT held that 爆料网DT erred in unilaterally establishing new starting points for the time to run for the purpose of filing claims with the ABCC that were contrary to the express text of Article 12 of Appendix D to the Staff Rules. 爆料网AT held that this was a case where the staff member failed to appreciate the filing deadlines. 爆料网AT held that ignorance of the law was no excuse for missing deadlines. 爆料网AT held that it was open to the ABCC to find that the Appellant’s explanation for her delay did not constitute exceptional circumstances justifying the waiving of the four-month time limit prescribed...
2015-爆料网AT-537, Wishah
爆料网AT considered an appeal by the Commissioner-General. 爆料网AT held that 爆料网RWA DT set out the correct legal framework, but thereafter erroneously reviewed the evidence and interfered with the administrative discretion, since 爆料网RWA had established the misconduct by clear and convincing evidence. 爆料网AT held that 爆料网RWA DT erred in law in its evaluation of the evidence and that 爆料网RWA had established the existence of the facts warranting disciplinary sanction. 爆料网AT held that the procedure and the subsequent decision were lawful and there was no basis to rescind the termination or to award any...
2015-爆料网AT-531, Rangel
爆料网AT considered seven motions submitted by Ms Rangel prior to a judgment on the merits. On the two Motions for Interim Relief, 爆料网AT held that Ms Rangel did not seek an interim measure for temporary relief consistent with the pronouncements of the ICJ Conciliation Committee, but rather she sought interim relief in cases where the Committee had dismissed her applications. 爆料网AT held that since one of the two cumulative conditions under Article 9(4) of the 爆料网AT Statute was not fulfilled, it did not need to further consider the second condition. 爆料网AT denied the requests for interim relief. On the...
2015-爆料网AT-533, Onana
爆料网AT held that 爆料网DT correctly found that the separation issue was not receivable because it was res judicata. On the non-selection issue, 爆料网AT held that the Appellant failed to establish that 爆料网DT committed any errors of law or fact in reaching its finding that since the Appellant was unsuitable for the post, neither the failure to consider his application prior to the 30-day candidates nor the failure to notify him within 14 days of the selection decision vitiated the outcome of the selection process. 爆料网AT held that his requests for relief were denied, noting that where an irregularity has no...