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2013-爆料网AT-304, Al Surkhi et al.
爆料网AT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. 爆料网AT held that 爆料网RWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that 爆料网RWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. 爆料网AT upheld the 爆料网RWA DT’s determination as to the limits of its jurisdiction. 爆料网AT...
2013-爆料网AT-305, Kasmani
爆料网AT considered an appeal by the Secretary-General. 爆料网AT recalled that 爆料网AT expressly held in Mmata (judgment No. 2010-爆料网AT-092) that Article 10. 5 of the 爆料网DT Statute limited the total of all compensation to the equivalent of two years’ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. 爆料网AT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...
2013-爆料网AT-309, Asariotis
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, 爆料网AT found no merit in the ground of appeal related to claimed errors in procedure on the part of 爆料网DT. 爆料网AT held that 爆料网DT’s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the 爆料网DT’s conclusion that the decision to cancel the vacancy announcement was lawful. 爆料网AT held that 爆料网DT was correct in...
2013-爆料网AT-310, Nasrallah
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 爆料网AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 爆料网AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 爆料网AT...
2013-爆料网AT-307, Shanks
爆料网AT considered an appeal by the Secretary-General against judgment Nos. 爆料网DT/2011/209 (on liability) and 爆料网DT/2012/062 (on relief). 爆料网AT held that there was no evidence to support the 爆料网DT’s conclusion that, had the 爆料网 Staff Pension Committee (爆料网SPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. 爆料网AT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. 爆料网AT held that...
2013-爆料网AT-308, Romman
爆料网AT held that, absent a request for waiver or extension of the time limits as well as any factors that would qualify as exceptional circumstances, the appeal was time-barred. 爆料网AT dismissed the appeal as not receivable.
2013-爆料网AT-299, Gehr
爆料网AT held that there was no merit in the appeal as 爆料网DT correctly concluded that applications to 爆料网DT were only receivable if the applicant had previously submitted the contested administrative decision for management evaluation and that management evaluation was a mandatory first step. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2013-爆料网AT-298, Morsy
爆料网AT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. 爆料网AT noted that it was well within the discretion of 爆料网DT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. 爆料网AT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. 爆料网AT held that 爆料网DT did not err in awarding moral damages of USD 25,000. 爆料网AT held there was no merit in...
2013-爆料网AT-297, Likuyani
爆料网AT held that neither Article 11 of the 爆料网AT Statute nor Article 2(7)(b) of the 爆料网DT Statute conferred any jurisdiction to hear an application for revision of a judgment of the former 爆料网 Administrative Tribunal. 爆料网AT held that the application before 爆料网DT was not receivable because 爆料网DT had no jurisdiction to hear the application. 爆料网AT held that, while it confirmed the 爆料网DT’s conclusion, it found that 爆料网DT, in reaching its conclusion, relied on the wrong reasons and failed to follow the binding jurisprudence of 爆料网AT. 爆料网AT dismissed the appeal.
2013-爆料网AT-296, Rabee
爆料网AT held, without examining the merits, that a staff member cannot create a platform to re-open the possibilities of challenging an administrative decision not impugned at the time it was issued for reasons that did not exist at that time. 爆料网AT held that the reconsideration sought by the Appellant was based on the analysis of administrative decisions that had no direct or particular effects on him, but on other staff members. On the allegation that a second decision was taken at a later date, 爆料网AT held that it was nothing more than a consequence of the earlier decision, which had already been...
2013-爆料网AT-295, Powell
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to find that there was no breach of Mr Powell’s due process rights at the preliminary investigation stage. 爆料网AT held that 爆料网DT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. 爆料网AT allowed the appeal, set aside the 爆料网DT findings in paragraphs 86 and 106 of the...
2013-爆料网AT-284, Charles
爆料网AT considered that: the Appellant had responded in the negative to two questions about his experience in the pre-screening questions, but that he was long-listed; 爆料网DT had decided that the hiring manager did not commit a procedural error in not evaluating all candidates, but took into consideration the objective criteria i. e. the years of experience required; the Administration was in a position to justify its decisions as not arbitrary; and the Appellant failed to meet his burden of proving the alleged discrimination. 爆料网AT held that the appeal expressed disagreement with the impugned...
2013-爆料网AT-285, Charles
On the Appellant’s argument that the selected candidate was ineligible for consideration or selection on the basis that his tenure on the roster had expired (as per former administrative instruction ST/AI/2006/3/Rev. 1) and in the absence of specific guidelines, 爆料网AT took note of the human resources practice of recognising as eligible all rostered candidates whose names were on the roster on the date of the opening of the vacancy announcement for the post. 爆料网AT held that 爆料网DT properly concluded that, given the existence of this practice, the successful candidate’s eligibility was covered by...
2013-爆料网AT-286, Charles
爆料网AT noted that the Appellant merely repeated arguments submitted before 爆料网DT and recalled that an appellant has the burden of satisfying 爆料网AT that the 爆料网DT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. 爆料网AT held that Secretary-General’s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. 爆料网AT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for...
2013-爆料网AT-287, McKay
爆料网AT held that the grounds for appeal were not substantiated. 爆料网AT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, 爆料网AT upheld the 爆料网DT’s reasonable decision to accept the opinions of the attending doctor at the hospital and the 爆料网IFIL Chief Medical Officer concerning the approximate time of Mr McKay’s death being some hours prior to Mr McKay arriving at the hospital. 爆料网AT held that it was correct to conclude, as 爆料网DT did, that, regardless of any deficiency...
2013-爆料网AT-288, Debebe
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law and exceeded its competence by awarding compensation for distress without a previous claim for damages. 爆料网AT noted that Mr Debebe’s claim before the Joint Appeals Board (JAB) had been limited to material or pecuniary damages related solely to remuneration. 爆料网AT held that 爆料网DT did not have jurisdiction to award compensation for moral damage. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment to the extent that it awarded compensation for moral damages.
2013-爆料网AT-289, Wishah
As a preliminary issue, 爆料网AT held that 爆料网RWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. 爆料网AT held that another significant irregularity took place during the proceedings before 爆料网RWA DT, in light of which 爆料网AT was compelled to annul the judgment and remand the case for a de novo consideration by a different 爆料网RWA DT Judge, namely that 爆料网RWA DT committed an error in procedure when it denied the Appellant’s request for a copy of the...
2013-爆料网AT-290, Mirkovic
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no nexus between the emotional distress of preparing for the exam and the impugned decision as the preparation took place prior to the decision. 爆料网AT held that 爆料网DT’s finding that the contradictory information received by Ms Mirkovic and the lack of responses from the Chief of the Examinations and Tests Section added to her stress and injury was not supported by the facts, noting that written confirmation of what the Chief had told her was not required in order for her to request management evaluation. 爆料网AT held that...
2013-爆料网AT-291, Perelli
爆料网AT considered two appeals by Ms Perelli, against judgment Nos. 爆料网DT/2012/034 and 爆料网DT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, 爆料网AT held that these procedural steps were part of her due process entitlements and, to the extent that 爆料网DT found the Administration to have respected these procedural steps, 爆料网AT upheld the finding of 爆料网DT. 爆料网AT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. 爆料网AT held that Ms Perelli was...
2013-爆料网AT-292, Abu Jarbou
爆料网AT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. 爆料网AT held that the Appellant’s failure to object to the Respondent’s late reply before 爆料网RWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant’s claim that 爆料网RWA DT erred when it did not permit him to file a rejoinder to the Respondent’s reply, 爆料网AT held that since the Appellant did...