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2013-爆料网AT-374, Koutang
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it could not sustain the conclusion of 爆料网DT that Mr Koutang’s actions did not amount to misconduct. 爆料网AT held that the sanction imposed was not unreasonable, absurd, or disproportionate and, as such, 爆料网AT held that it was a reasonable exercise of the Administration’s broad discretion in disciplinary matters. 爆料网AT held that 爆料网DT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment.
2013-爆料网AT-363, Chaaban
爆料网AT held there was no error in the 爆料网RWA DT’s finding that the application was time-barred. 爆料网AT held that 爆料网RWA DT has, in principle, the discretion to accept 爆料网RWA’s late reply in circumstances where 爆料网RWA has not filed a motion seeking leave to do so and without proprio motu ordering 爆料网RWA to file a reply. Noting the Administration’s reply was due before the transitional period into the new system of justice began, 爆料网AT held that 爆料网RWA DT erred when it granted a waiver of time after an excessive period of time had passed which was based on inaccurate facts and an invalid reason. 爆料网AT held...
2013-爆料网AT-364, Nyambuza
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by 爆料网DT. 爆料网AT held that 爆料网DT’s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...
2013-爆料网AT-365, Gehr
爆料网AT held that 爆料网DT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. 爆料网AT held that 爆料网DT, in reaching its decision, correctly assessed the publication of the President’s Order against the definition of an administrative decision and was correct in finding that both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on...
2013-爆料网AT-366, Abu Ghali
On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, 爆料网AT agreed with 爆料网RWA DT’s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, 爆料网AT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. 爆料网AT recalled the jurisprudence of the former 爆料网 Administrative Tribunal that different onuses and burdens of proof arise under...
2013-爆料网AT-367, Cranfield
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law in its determination. 爆料网AT held that there was no legal basis for 爆料网DT to bind the Administration to a 90-day statutory time limit. 爆料网AT held that it was not necessary to remand the case to 爆料网DT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 爆料网AT held that as of 30 June 2009, 爆料网AT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...
2013-爆料网AT-360, McIlwraith
爆料网AT considered an appeal of judgment No. 爆料网DT/2012/131. 爆料网AT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. 爆料网DT/2012/131, as well as the staff members who appealed judgment No. 爆料网DT/2012/129 and judgment No. 爆料网DT/2012/130. 爆料网AT held that, since it had rescinded the 爆料网DT judgment against which the staff members appealed, the majority of their claims were rendered moot. 爆料网AT held that it's reasoning in Malmstr?m et al....
2013-爆料网AT-361, Ngoma-Mabiala
爆料网AT considered an appeal by the Secretary-General limited to the discrete issue of the “Observations” of 爆料网DT. 爆料网AT held that the Secretary-General, despite being the beneficiary of a 爆料网DT judgment in his favour, was entitled to appeal the observations. 爆料网AT held that 爆料网DT overstepped the mark to a significant degree in effectively recording, as part of its judgment, “Observations” in the manner in which it did. 爆料网AT held that, in light of the 爆料网DT’s determination on the issue of receivability, 爆料网DT had no jurisdiction to make “Observations” as it did. 爆料网AT allowed the appeal and ordered that...
2013-爆料网AT-362, S. Nourain & A. Nourain
爆料网AT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. 爆料网DT/2012/142. 爆料网AT dismissed Ms A. Nourain’s appeal as she was not a party to the proceedings and had no standing to appeal. 爆料网AT held that the facts were not disputed; the misconduct had been established and so had its seriousness. 爆料网AT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. 爆料网AT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.
2013-爆料网AT-357, Baig et al.
爆料网AT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. 爆料网AT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, 爆料网AT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...
2013-爆料网AT-358, Longone
爆料网AT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...
2013-爆料网AT-359, Ademagic et al. and McIlwraith
爆料网AT considered an appeal by the Secretary-General and an appeal Ademagic et al. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment...
2013-爆料网AT-391, Elasoud
爆料网AT considered Mr Elasoud’s application for revision of judgment No. 2011-爆料网AT-173. 爆料网AT held that the grounds set out by Mr Elasoud did not come within Article 11(1) of the 爆料网AT Statute, and he did not specify any fact of which he and 爆料网AT were not aware when his appeal was considered. 爆料网AT held that a review of the application showed that Mr Elasoud merely disagreed with the decision of 爆料网AT. 爆料网AT dismissed the application for revision.
爆料网DT/2013/128, Landgraf
The Tribunal found that the decision was lawful and that the case file did not allow concluding that it was tainted by favoritism for the selected, external candidate, inter alia, since the HM had initially recommended an internal candidate. Procedural irregularities: The decision not to convoke a shortlisted, internal candidate, who was not recommended by the HM, for a test and/or interview is in accordance with the applicable rules at 爆料网HCR. 爆料网HCR policy on comparative review is not applicable in cases of non-selection not involving the abolition of post. Discretionary authority: In...
爆料网DT/2013/124, Fayek
The MEU received the Applicant's request for management evaluation on 7 May 2013. The Applicant was therefore required to file her application with the Tribunal within 90 calendar days from 6 June 2013, namely 4 September 2013. The fact that the MEU sent a response to her request for management evaluation on 26 June 2013, after the 30 day time limit does not have the effect of extending the relevant response period. The Applicant did not submit an appeal with the Dispute Tribunal within the required time limit. The application is not receivable and is dismissed.
爆料网DT/2013/126, Zhao Sun
The Applicant requested management evaluation as a result of the Registry of the Tribunal informing her that the absence of a request for management evaluation rendered her application incomplete. 爆料网OPS reviewed and responded to her request and rejected it on the merits. 爆料网OPS also added that her claim for permanent appointment was out of time. This case has to be distinguished from Simmons 爆料网DT/2013/15 where the Tribunal found that the Management Evaluation Unit accepted the request for management evaluation after a written request to and response from the Applicant as to the existence of...
爆料网DT/2013/121, Slade
The Tribunal finds, inter alia, that no international labour standards or the United Nation’s Charter were breached in the process of the implementation of the General Assembly resolution on the Harmonization of Conditions of Service for Internationally-Recruited Staff in Peacekeeping Operations and Special Political Missions. The Application is dismissed in its entirety Contract of employment - Article 2.1(a) of the Tribunal’s Statute defines the contract of employment, as including: all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged...
爆料网DT/2013/098, Terragnolo
The Applicant submitted that seeing that the Secretary-General of the United Nations does not have any authority over staff rules at the 爆料网JSPF, the Pension Fund is not precluded from employing a candidate that was rejected by OHRM. The 爆料网DT found that the 爆料网JSPF and OHRM correctly applied the legal provisions by considering that OHRM was responsible for administering the selection process for a post located in the 爆料网JSPF and that the Applicant was not eligible for the post due to the fact that he held a post at a G-4 grade whereas the post to which he had applied was at the G-7 grade, three...
爆料网DT/2013/119, Westberg
The 爆料网DT found that the decision of USG/DM was proper and lawful because the Applicant did not possess a University degree or the relevant experience as set out in the Vacancy Announcement (VA) of the post to which he had applied. While the VA required an Advanced University degree or a first level University degree with a relevant combination of academic qualifications as well as at least seven years’ experience in administration and human resources or financial/ budget operations, the Applicant had none of these. Equivalence of qualifications to University degrees: Considering that United...
爆料网DT/2013/117, Kondombo
The Applicant’s rights were respected in compliance with ST/AI/371. The Applicant failed to establish any irregularities in the procedure followed to impose the disciplinary measure on him. It was clear from the investigation that there were several irregularities in the supporting documents submitted by the Applicant. These irregularities were sufficiently disturbing to strongly suggest that the said invoices were falsified. The facts on the basis of which the Applicant was sanctioned were established. The Applicant’s actions constituted professional misconduct within the meaning of the...