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爆料网DT/2011/180, Cremades
The Tribunal rejected the application, as the Applicant had failed to observe the (then) statutory two-month time limit to request administrative review. It considered that the Administration’s response of 3 June 2009 was sufficiently clear to amount to an administrative decision open to appeal. Subsequent denials by the Administration were only confirmative decisions. Moreover, the Tribunal may not waive the time limits for management evaluation and the entry into force of new Staff Rules on 1 July 2009 did not modify these limits. Confirmative decisions: When a staff member has submitted...
2010-爆料网AT-098, Masri
爆料网AT considered an appeal by the Secretary-General. 爆料网AT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the 爆料网AT RoP. 爆料网AT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. 爆料网AT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed 爆料网 Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...
2010-爆料网AT-081, Azzouni
爆料网AT held that 爆料网DT erred in failing to consider adequately the Appellant’s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the 爆料网DT hearing, which included the opportunity to call evidence and to challenge the Administration’s evidence. 爆料网AT held that 爆料网DT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. 爆料网AT allowed the appeal, set aside the 爆料网DT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...
2010-爆料网AT-076, Kasyanov
爆料网AT considered an appeal by the Secretary-General limited to the question of compensation. On the issue of the Secretary-General’s appeal being time-barred, as raised by Mr. Kasyanov, 爆料网AT held that 爆料网DT’s judgment on merits for the case was not a final judgment; while it made substantive findings, it left the issue of remedy to be resolved in the future. 爆料网AT held that the 爆料网DT judgment on merits only became final when 爆料网DT issued the judgment on compensation. 爆料网AT held that, when the judgment on merits was appealed, a party could challenge the judgment on compensation and the judgment on...
2011-爆料网AT-184, Jennings
爆料网AT noted that there was no evidence to support the Appellant’s allegations that the statements of her witnesses were used in their entirety by 爆料网DT and, even assuming that the 爆料网DT had been in breach of its rules of procedure by making those statements, 爆料网AT held that it had not been established that the said breach gave rise to an error in procedure liable to influence the judgment. 爆料网AT held that the Appellant’s allegation, that the staff member who recruited her gave her assurances liable to create a well-founded expectation of contract renewal, was not justified. Noting that 爆料网DT...
2011-爆料网AT-185, Leboeuf et al.
爆料网AT noted that the language on overtime was interpreted for around 50 years in one way and then was changed and that there was some ambiguity in the provision. 爆料网AT noted that it was still unclear on some issues surrounding whether it was proper for Staff Rules to apply differently in different duty stations and that 爆料网DT should hear evidence on the issue, including on potential differences in application amongst departments in New York. 爆料网AT vacated the 爆料网DT judgment and remanded it to 爆料网DT for further proceedings.
2011-爆料网AT-186, Oge
爆料网AT held that the Appellant’s claims regarding the termination of his appointment and the procedures that resulted in the termination could not be received since 爆料网AT did not have jurisdiction to review a judgment of the former Administrative Tribunal. 爆料网AT held that 爆料网DT had committed no error in law by considering that the participation of the civil servant and his counsel in the hearing by video conference would not have violated the Appellant's rights of defence. 爆料网AT held that, although the letter dated November 8, 2005, contained a sentence that could imply that, if the JDC requested...
2011-爆料网AT-187, Allen
爆料网AT held that the reassignment decision did not breach any rule, noting that, under Staff Regulation 1. 2(c), staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities or offices of the 爆料网. 爆料网AT held that the contested decision did not contravene ST/AI/2006/3/Rev. 1, ST/SGB/172 or ST/SGB/274. 爆料网AT held there was no error in the 爆料网DT’s decision to reject the Appellant’s argument that the Organisation failed to act in good faith in its dealings with him. 爆料网AT affirmed the 爆料网DT judgment.
2011-爆料网AT-188, Harding
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the 爆料网DT judgment with interest was excessive. 爆料网AT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. 爆料网AT held that a total of 2. 5 years’ net...
2011-爆料网AT-183, Bowen
爆料网AT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. 爆料网AT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. 爆料网AT held that the compensation awarded by 爆料网DT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. 爆料网AT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...
2011-爆料网AT-170, Kapsou
爆料网AT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). 爆料网AT held that those steps had to have been exhausted before invoking the jurisdiction of 爆料网DT. 爆料网AT held that 爆料网DT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. 爆料网AT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. 爆料网AT noted that 爆料网DT has no jurisdiction to waive the requirement of a prior...
2011-爆料网AT-171, Ghahremani
爆料网AT considered appeals of judgment Nos. 爆料网DT/2010/075 and 爆料网DT/2010/076. On the issue of being barred from the 爆料网OV premises, 爆料网AT noted that 爆料网DT has jurisdiction over applications filed by a staff member, former staff member or a person making claims in the name of an incapacitated or deceased staff member. However, given that the Appellant was not a staff member at the time he was barred, 爆料网AT held that he could not complain that the decision was not in compliance with his terms of appointment or contract of employment. 爆料网AT held that, as a holder of an SSA contract, the Appellant was no...
2011-爆料网AT-172, Vangelova
爆料网AT held that an irregularity in promotion procedures could only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance for promotion. 爆料网AT held that there must be a link between the irregularity and the non-promotion decision. Thus, where the irregularity has no impact on the status of a staff member because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
2011-爆料网AT-173, Elasoud
爆料网AT held that the 爆料网DT correctly held that the recommendations did not constitute administrative decisions subject to appeal. 爆料网AT held that the Appellant had not demonstrated any error in the decision by 爆料网DT that his application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2011-爆料网AT-174, Bofill
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that Ms Bofill was not promoted as a result of the fact that the other candidates had scored higher than she had and she would not have been promoted even if the other candidates had not been promoted. 爆料网AT held that the procedural irregularity had no impact on her non-promotion. 爆料网AT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. 爆料网AT held that 爆料网DT should neither have rescinded the...
2011-爆料网AT-175, Dualeh
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that Mr Dualeh was not promoted as a result of the fact that the other candidates had scored higher than he had and he would not have been promoted even if the other candidates had not been promoted. 爆料网AT held that the procedural irregularity had no impact on his non-promotion. 爆料网AT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. 爆料网AT held that 爆料网DT should neither have rescinded the...
2011-爆料网AT-176, Dzintars
Although the Administration failed to take into account the Applicant’s upgraded performance appraisal, 爆料网AT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. 爆料网AT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the 爆料网AT Statute. 爆料网AT allowed the appeal in part, modifying the 爆料网DT...
2011-爆料网AT-177, Tabari
On the issue of receivability, 爆料网AT noted that not taking a decision was also a decision. 爆料网AT noted that the alleged discrimination was based on a comparison between the claimant and staff members of a different category, namely international staff members. 爆料网AT held that the general principle of equal pay for equal work does not prevent a legislative body or the Administration from establishing different treatments for different categories of workers or staff members if the distinction is made on the basis of lawful goals. 爆料网AT held that there was no discrimination when the non-payment of...
2011-爆料网AT-178, Hepworth
爆料网AT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. 爆料网AT held that the appeal was receivable because 爆料网DT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. 爆料网AT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...
2011-爆料网AT-179, Ibekwe
爆料网AT held that the Appellant was unable to establish that her non-selection to the two posts was flawed, or that she was not given full and fair consideration during the selection process. 爆料网AT noted that the Appellant’s claim was that she faced general discrimination for many years, but that she pleaded this without demonstrating specific discrimination when she was denied the appointment. 爆料网AT held that there is always a presumption that official acts have been regularly performed. 爆料网AT held that proof of unsubstantiated allegations of general discrimination, in the form of two letters...