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2014-爆料网AT-417, Luvai
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that no reasonable or objective analysis of Mr Luvai’s submissions to management, prior to his application to 爆料网DT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by 爆料网DT. 爆料网AT held that 爆料网DT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai’s firearm licence, 爆料网DT exceeded its competence. 爆料网AT held that 爆料网DT...
2014-爆料网AT-418, Guedes
爆料网AT addressed both appeals by the Secretary-General in judgment No. 2014-爆料网AT-418. 爆料网AT held that 爆料网DT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member’s appointment. 爆料网AT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. 爆料网AT dismissed the appeals and affirmed...
2014-爆料网AT-419, Reid
爆料网AT preliminarily rejected the request for an oral hearing finding no need for further clarification of the issues arising from the appeal. 爆料网AT held that 爆料网DT had correctly concluded that the Appellant failed to identify an administrative decision, having a direct and adverse impact on his contractual rights, capable of being reviewed. 爆料网AT held that the Appellant was not challenging a specific administrative but had asked 爆料网DT to overturn a policy. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2014-爆料网AT-420, Oummih
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in excluding documents from the OSF and by ordering compensation for alleged damages not related to any established illegality. 爆料网AT held that, even if the irregularities and delays in the appraisal procedure were so serious that they rendered the … evaluations meaningless, it did not mean that they should not be kept in the OSF. 爆料网AT held that they, together with the corrective substitute reports or decisions, should all be kept in order to explain the whole process. 爆料网AT, therefore, held that 爆料网DT had erred in...
2014-爆料网AT-408, Jahnsen Lecca
爆料网AT found no merit to the Appellant’s claims that 爆料网DT had failed to make findings on the specific category of misconduct and that she did not receive notice of the specific charge of theft prior to receiving a disciplinary sanction. 爆料网AT held that disciplinary cases were not criminal and that there was no need to give notice of a specific charge of theft because the charge against the Appellant was taking, without authorisation, a staff member’s property. 爆料网AT noted that the Appellant did not dispute having taken a bicycle without the owner’s permission, but that she claimed she did not...
2014-爆料网AT-409, Nogueira
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, since the incidents in question occurred before ST/SGB/2008/5 was promulgated, it was not applicable in this case. 爆料网AT held that it was unnecessary for 爆料网DT to apply ST/SGB/2008/5, which was clearly not in force at the time of the incidents. 爆料网AT held that the error committed by 爆料网DT had not resulted in a miscarriage of justice, finding that Mr Nogueira in any event merited a compensatory award for harassment. 爆料网AT held that Mr Nogueira was entitled to an effective remedy for the violation of his legal right to a workplace...
2014-爆料网AT-410, Igbinedion
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not act lawfully in issuing an order in direct contravention of the established 爆料网AT jurisprudence. However, 爆料网AT also held that parties before 爆料网DT must obey its binding decisions and that a decision by 爆料网DT remained legally valid until such time as 爆料网AT vacated it. 爆料网AT held that the Secretary-General’s refusal to comply with 爆料网DT’s order was vexatious. 爆料网AT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. 爆料网AT upheld the appeal in part.
Accountability Referral: The 爆料网AT...
2014-爆料网AT-411, Igbinedion
爆料网AT considered an appeal by the Secretary-General. 爆料网AT affirmed 爆料网DT’s decision that the 60 days’ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. 爆料网AT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). 爆料网AT held that 爆料网DT’s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...
2014-爆料网AT-402, Egglesfield
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT’s analysis of the receivability of the application was replete with factual and legal errors. 爆料网AT held that 爆料网DT had made an error of fact and law when it tolled the limitations period for seeking management evaluation for the period 23 June to 23 August 2011. 爆料网AT held that tolling the limitations period for the two or three days of the Ombudsman’s assistance, which took place after the limitations period had expired, did not assist the staff member. 爆料网AT held that there was no legal authority for 爆料网DT to commence the...
2014-爆料网AT-403, Diabagate
爆料网AT noted that V01 had not been placed under oath before giving her interview and that she did not sign the transcribed version of her interview statement. 爆料网AT held that V01’s transcribed statement, in which she said that the Appellant had raped her and engaged in sex with her, was neither reliable nor trustworthy; it was solely hearsay and insufficient, by itself, to prove the charge that the Appellant engaged in sexual activity with a minor. 爆料网AT held that similarly the other written documents were replete with hearsay and multiple hearsays and were neither trustworthy nor sufficient to...
2014-爆料网AT-404, Bauza Mercere
爆料网AT held that there was no reason to interfere with 爆料网DT’s finding that the Appellant had not established the existence of a decision capable of giving 爆料网DT jurisdiction to embark upon a consideration of his complaints. 爆料网AT held that 爆料网DT had correctly determined that the application was not receivable ratione materiae. 爆料网AT held that 爆料网DT should not have embarked on a consideration of substantive issues, such as staff consultations and discrimination arguments, but instead should have confined itself to the issue of receivability. 爆料网AT dismissed the appeal with regard to the receivability...
2014-爆料网AT-405, Obino
爆料网AT held that 爆料网DT had correctly concluded that the Appellant had failed to identify an administrative decision capable of being reviewed and to meet his statutory burden of proving non-compliance with the terms of his appointment or his contract of employment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2014-爆料网AT-406, Chahrour
On the issue of receivability, 爆料网AT held that there was no merit to the Appellant’s claim that 爆料网RWA DT had exceeded its competence or jurisdiction in summarily addressing sua sponte the issue of the receivability of the application when the Commissioner-General did not raise that issue in his reply. 爆料网AT held that the Appellant’s request for review of the contested decision was filed almost a year after he knew of the implied decision and was, therefore, untimely. 爆料网AT rejected the Appellant’s contentions against the participation of the Commissioner-General in the proceedings and to file a...
2014-爆料网AT-407, Toukolon
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT’s conclusion, that the assault committed was not misconduct and that the Organisation’s jurisdictional competence did not extend to the physical assault of a non-爆料网 staff member even where the assault is perpetrated by a staff member, was based on reasoning which was unsupported by law or the facts. 爆料网AT held that, not only the issue had not been raised in the case presented to 爆料网DT, but such a proposition had also no foundation in the staff regulations, staff rules, administrative instructions, or jurisprudence. 爆料网AT held...
2014-爆料网AT-399, Egglesfield
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not err in law or in fact in determining that the contested decision was unlawful. 爆料网AT held that there was no merit to the Secretary-General’s claim that the staff member could not challenge the decision not to reinstate him because he had entered a binding contract with the Administration when he signed the offer of appointment or the letter of appointment, both of which were silent about reinstatement. 爆料网AT held that 爆料网DT had correctly concluded that the reinstatement was not foreclosed by the absence of a reference...
2014-爆料网AT-400, Tadonki
爆料网AT considered an appeal by the Secretary-General. 爆料网AT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties’ submissions. 爆料网AT held that the Secretary-General had failed to persuade it that 爆料网DT erred on a question of fact resulting in a manifestly unreasonable decision. 爆料网AT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member’s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. 爆料网AT...
2014-爆料网AT-401, Zeid
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the absence of any breach of the staff member’s substantive or procedural rights during the selection exercise precluded the award of moral damages to him. 爆料网AT held that the staff member could not show a breach of a fundamental nature or that he suffered harm, stress or anxiety directly linked or reasonably attributed to a breach of his substantive or procedural rights. 爆料网AT held that the Administration’s failure to respond to staff members’ repeated requests for information was not a breach of his substantive contractual...
2014-爆料网AT-396, Robineau
爆料网AT was persuaded for reasons of equity and good faith by the Appellant’s arguments rather than those put forward by the Secretary-General, although it did not accept the entirety of the Appellant’s arguments on the discontinuation issue. 爆料网AT held that in failing to give due consideration to the arguments raised by the Appellant regarding the years 1989 to 1997, 爆料网DT erred in law in retroactively applying former Staff Rule 104. 3 set forth in ST/SGB/2003/1 to the entirety of his service. 爆料网AT held that the Appellant was entitled to rely on the statutory provisions in force when he last...
2014-爆料网AT-397, Finniss
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. 爆料网AT held that the test for apparent bias applied by 爆料网DT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. 爆料网AT held that 爆料网DT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...
2014-爆料网AT-398, Kamara
爆料网AT held that 爆料网DT had nor erred in law or fact rendering its judgment. 爆料网AT held that the Appellant had failed to persuade the Court that 爆料网DT’s conclusion of fact had rendered the decision unreasonable as required by Article 2 of the 爆料网AT Statute. 爆料网AT held that the evidence clearly supported the finding of gross negligence and loss of property, as well as the existence of the misconduct. 爆料网AT held that there was no due process violation on the part of the Administration for having charged the Appellant with three accounts of misconduct. 爆料网AT held that the misconduct had been established...