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2014-爆料网AT-451, Sannoh
爆料网AT considered the Secretary-General’s appeal regarding whether 爆料网DT erred in ordering both an extension of Mr Sannoh’s appointment and payment of a termination indemnity. 爆料网AT noted that 爆料网MIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member’s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...
2014-爆料网AT-452, Audeh
爆料网AT found that the Appellant and her counsel were provided with an adequate opportunity to file an application in a timely manner, but failed to do so, causing her application before 爆料网RWA DT to be non-receivable. 爆料网AT further held that, even if it were to disregard the untimely submission of the application before 爆料网RWA DT, the application would remain non-receivable because the Appellant did not seek in a timely manner the required request for review of the contested administrative decision she intended to overturn. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2014-爆料网AT-456, Pirnea
爆料网AT considered both an application for Revision of judgment No. 2013-爆料网AT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, 爆料网AT held that Mr Pirnea did not set forth a new fact that was unknown to both him and 爆料网AT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the 爆料网AT Statute and Article 24 of the 爆料网AT Rules of Procedure. On the motion for confidentiality, 爆料网AT noted that the motion was late, and it was unlikely that confidentiality could be achieved...
2014-爆料网AT-448, Terragnolo
爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due...
2014-爆料网AT-441, Chowdhury
The Appellant filed a notice of withdrawal pursuant to the terms and conditions of a settlement agreement. 爆料网AT issued Order No. 188 (2014) noting the withdrawal and ordering the Registrar to close the case.
2014-爆料网AT-440, Stoykov
爆料网AT held that, while the representatives of the parties were present at the oral proceedings, they are entitled to the record of the testimonies made at those proceedings from the relevant 爆料网DT Registry. 爆料网AT held that this record is critical for the preparation of the appeal case. 爆料网AT held that the transcripts of the testimonies of seven out of 17 witnesses were missing. 爆料网AT held that the Appellant was entitled to the record of the testimonies critical to the preparation of the appeal case, applying its jurisprudence in Finnis (Order No. 49 (2011)). 爆料网AT upheld the appeal, vacated the 爆料网DT...
2014-爆料网AT-437, Charles
爆料网AT considered two appeals by the staff member of 爆料网DT Order Nos. 109 and 110. 爆料网AT held that the appeals were receivable because they were addressed against judicial decisions which disposed the cases before 爆料网DT. Finding that the two appeals raised the same legal issues, 爆料网AT consolidated them in the interest of judicial economy and consistency. 爆料网AT held that there was no merit in the Secretary-General’s observations about the non-receivability of the appeals. 爆料网AT held, however, that the motions for reinstatement were in fact non-receivable ab initio. 爆料网AT held that there was no statutory...
2014-爆料网AT-438, Benchebbak
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had erred in deciding that the non-renewal of the staff member’s contract was unlawful. 爆料网AT held that the staff member was aware that a high school diploma was an essential qualification. 爆料网AT held that his contract was conditional upon him producing proof of this qualification. 爆料网AT noted that the staff member was also aware that the consequence of failing to satisfy this requirement was the non-renewal of his contract. 爆料网AT agreed with the Secretary-General’s submission that the decision not to renew was neither...
2014-爆料网AT-439, Gusarova
爆料网AT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, 爆料网AT held that 爆料网DT was the body best placed to assess a candidate’s chance of selection for placement on the roster. 爆料网AT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin 爆料网DT’s assessment that the staff member’s chances were not in the realm of the speculative. 爆料网AT held that there was no merit in the Secretary-General’s cross...
2014-爆料网AT-434, Beqai
爆料网AT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. 爆料网AT held that, other than repeating his arguments before the 爆料网RWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. 爆料网AT held that the claims of errors of fact on the part of 爆料网RWA DT, resulting in a manifestly unreasonable decision, were unsustainable. 爆料网AT held that 爆料网RWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...
2014-爆料网AT-435, Hushiyeh
On appeal, 爆料网AT noted that the Appellant had acknowledged in a Memorandum from 6 July 2002 that he was driving after duty hours when the accident occurred. 爆料网AT held that the Appellant had failed to provide any documentary or other evidence to the contrary. 爆料网AT held that 爆料网RWA DT did not err in fact when it found that the Appellant was not on duty at the time of the accident and did not err in law when it determined he had no legal right to compensation under MTTI No. 6. 爆料网AT further held that 爆料网RWA DT did not make an error of law in discounting the Israeli court’s evaluation of the Applicant...
2014-爆料网AT-436, Walden
爆料网AT considered appeals by both the staff member and the Commissioner-General. 爆料网AT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. 爆料网AT held that termination was not disproportionate to the offence, taking into account that the staff member’s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. 爆料网AT held that 爆料网RWA...
2014-爆料网AT-457, Wasserstorm
The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. 爆料网AT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. 爆料网AT accordingly upheld the Secretary-General’s appeal on receivability. 爆料网AT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, 爆料网AT found that the Secretary-General’s refusal to...
2014-爆料网AT-428, Kulawat
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members’ suitability for conversion. 爆料网AT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. 爆料网AT held that 爆料网DT had made a significant error of law in concluding that the impugned decision was unlawful. 爆料网AT held that 爆料网DT had erred in...
2014-爆料网AT-429, Leclercq
爆料网AT considered an appeal by the Secretary-General. 爆料网AT noted that the appeal only addressed the award of material damages. 爆料网AT held that the staff member was entitled to one year’s gross base salary apart from sick leave for the period of his certified illness. 爆料网AT held that the award of twelve months’ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. 爆料网AT held that 爆料网DT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of 爆料网AT. 爆料网AT dismissed...
2014-爆料网AT-430, Diallo
爆料网AT considered the appeal and allowed it in part. 爆料网AT held that the Appellant’s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. 爆料网AT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...
2014-爆料网AT-431, Mousa
爆料网AT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the 爆料网RWA DT judgment under appeal. 爆料网AT held that 爆料网RWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. 爆料网AT held that 爆料网RWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...
2014-爆料网AT-432, Azzouz
爆料网AT held that 爆料网RWA DT had correctly determined that the application was not receivable. 爆料网AT held that the Appellant had failed to establish that 爆料网RWA DT had committed errors in law or fact in reaching its decision. 爆料网AT held that the Appellant’s claim that he was denied legal representation was not made before 爆料网RWA DT, although it was a circumstance that was known to the Appellant at that time. 爆料网AT held that it would not permit the issue to be raised for the first time on appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
爆料网DT/2014/078, Mukhala
The 爆料网DT found that the 爆料网ON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at 爆料网ON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...
爆料网DT/2014/089, Scheepers et al
With respect to the issue of classification of the Applicants’ post at the S-3 level, the 爆料网DT found that the Applicants’ claims regarding the Administration’s decision not to proceed with their classification request were receivable. However, based on the evidence in this case—including oral testimony as well as contemporaneous documents—the Applicants did not perform the same exact functions as their S-3 level colleagues. Accordingly, the 爆料网DT found that the Administration’s decision not to proceed with the classification or reclassification of the Applicants’ posts at the S-3 level was...