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爆料网DT/2010/198, Zia
Exceptional circumstances: Circumstances beyond the control of the applicant that prevented him/her from submitting an appeal in time.
爆料网DT/2010/203, O'Neill
Inexplicably, the JAB in its report sua sponte addressed, as a formal issue before it, the handling of a privileged and confidential letter (“Confidential Letter”) that the Applicant’s Counsel had sent to the Under-Secretary-General for OIOS (“USG”) regarding the pending JAB litigation. The JAB refused the Applicant’s non-selection claim, but found that the Respondent owed the Applicant an apology for forwarding the Confidential Letter to some staff members. The Respondent subsequently affirmed the non-selection decision, but rejected the issuance of an apology regarding the distribution of...
2010-爆料网AT-090, Umpleby
爆料网AT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. 爆料网AT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. 爆料网AT dismissed the appeal.
2010-爆料网AT-082, Castelli
爆料网AT held that 爆料网DT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that 爆料网DT had erred in setting the interest rate at 8 per cent. 爆料网AT held that both 爆料网DT and 爆料网AT must have the power to award interest in the normal course of ordering compensation. 爆料网AT affirmed the 爆料网DT judgment and Order No. 30 to the extent that 爆料网DT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).
2010-爆料网AT-071, Kovacevic
爆料网AT held that the Appellant failed to explain how 爆料网DT exceeded or failed to exercise its jurisdiction or competence, erred on a question of law or procedure, or erred on a question of fact, resulting in a manifestly unreasonable decision. 爆料网AT recalled that the 爆料网DT Statute precluded 爆料网DT from suspending or waiving the deadlines for management evaluation. 爆料网AT held that 爆料网DT was therefore correct in concluding that the application was not receivable and to reject it on that basis. 爆料网AT dismissed the appeal and upheld the 爆料网DT Judgment.
2010-爆料网AT-066, El Khatib
爆料网AT considered an application for “reconsideration” of Judgment No. 2010-爆料网AT-029bis. 爆料网AT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. 爆料网AT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib’s appeal was dismissed as non-receivable and without merit, 爆料网AT held that the application for “reconsideration” constituted an abuse of the appeals...
爆料网DT/2010/195, Aly, et al.
The Secretary-General’s decision to allow the applicants to resubmit their cases to the CAC within 90 days was reasonable and fair. The CAC is the legitimate and appropriate body to hear the applicants’ request for a review of a reclassification decision. In view of the JAB’s report, the lack of information provided during the period in question and the respondent’s silence in explaining the delays in the period from 2000-04, the Tribunal finds that compensation for the excessive delay in responding to the original request for reclassification is warranted, as is compensation for the breach of...
爆料网DT/2010/194, Fayek
In the present judgment, 爆料网DT found that, in light of the circumstances of this case, the three months’ net base salary paid to the Applicant for the lack of due process on the recommendation of the JAB report was insufficient. 爆料网DT found the procedural unfairness to be so grave that it warranted additional compensation in the amount of USD15,000 for the breach of the Applicant’s procedural rights. With respect to compensation for actual economic loss, 爆料网DT held that the Respondent shall compensate the Applicant for the actual economic loss incurred by her and that the actual economic loss...
2010-爆料网AT-089, Cabrera
爆料网AT held, in agreement with 爆料网DT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the 爆料网 Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...
2010-爆料网AT-092, Mmata
爆料网AT affirmed the 爆料网DT award of compensation for loss of earnings for seven months from the date of the staff member’s separation from service to the date of the 爆料网DT judgment (as an alternative to the order for reinstatement of the staff member) plus an additional amount of two years’ net base salary. The Secretary-General maintained that, while the total of these amounts exceeded the compensation limit of two years’ net base salary, 爆料网DT did not particularize any reasons to justify an increased award under Article 10.5(b) of the 爆料网DT Statute. 爆料网AT held that Article 10.5(b) does not require a...
2010-爆料网AT-094, Sina
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it would not approve the award of compensation when absolutely no harm had been suffered. 爆料网AT agreed with the 爆料网DT that a staff member had the right to be informed of administrative decisions affecting them, however, 爆料网AT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. 爆料网AT vacated the part of the 爆料网DT judgment awarding compensation.
2010-爆料网AT-095, Antaki
爆料网AT considered the appeal by the Secretary-General on the compensation awarded. 爆料网AT considered the cross-appeal by Ms Antaki, regarding 爆料网DT’s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-爆料网AT-096). 爆料网AT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded 爆料网DT from awarding any compensation. 爆料网AT held that 爆料网DT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights...
2010-爆料网AT-096, Antaki
爆料网AT considered an appeal by the staff member. 爆料网AT held that the evidence supported the conclusion that the decision not to appoint the Appellant was overall lawful and did not violate her rights. 爆料网AT noted that the Appellant was not deprived of any significant chance of being promoted because there were other candidates ranked higher than her. 爆料网AT held that the Appellant did not demonstrate any errors in the 爆料网DT judgment regarding the merits of the administrative decision that would warrant 爆料网AT’s intervention. 爆料网AT held that the Appellant did not demonstrate that she was not properly...
2010-爆料网AT-097, Dumornay
爆料网AT preliminarily rejected the Appellant’s request to present additional evidence. On the merits, 爆料网AT held that the Appellant did not demonstrate that 爆料网DT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. 爆料网AT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. 爆料网AT held that there was no evidence to support the allegations of...
2010-爆料网AT-078, Zhang
爆料网AT noted that, even though it found the case non-receivable, 爆料网DT undertook a final review of the Appellant’s allegations and that the case failed on the facts. 爆料网AT held that 爆料网DT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. 爆料网AT held there was no basis to disagree with 爆料网DT. 爆料网AT dismissed the appeal.
2010-爆料网AT-079, Sethia
爆料网AT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. 爆料网AT held that 爆料网DT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-爆料网AT-036)). 爆料网AT held that 爆料网DT erred in law in applying the decision in Rosca (爆料网DT/2009/052), which was disproved by 爆料网AT in Costa, but that the error did not affect the outcome...
2010-爆料网AT-080, Streb
爆料网AT held that 爆料网DT adequately applied the appropriate principles set out in the former 爆料网 Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. 爆料网AT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division’s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, 爆料网AT agreed with 爆料网DT that it would have been...
2010-爆料网AT-073, Pellet
爆料网AT held that it was open to 爆料网DT to consider the preliminary issue of whether the Appellant had legal standing even to challenge the administrative decision not to advertise the vacancies. 爆料网AT held there was no error in the 爆料网DT’s decision that the Appellant was not entitled to contest the administrative decision since he was not an eligible candidate for any of the vacant posts. 爆料网AT held that the Appellant had no stake in the administrative decision as his rights and terms were not affected by the fact that the posts were not advertised. 爆料网AT held that the appeal failed on the ground that...
2010-爆料网AT-075, Saka
爆料网AT held that none of the reasons for the delay asserted by the Appellant justified a 17-month late appeal. 爆料网AT held that it would consider only the time issues because the case was so clearly out of time. 爆料网AT held that any alleged error by 爆料网DT in considering the merits was moot. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2010-爆料网AT-072, Samardzic
爆料网AT held that the Appellant had only presented arguments challenging the Administration’s behaviour and the decision to terminate her contract with 爆料网MIK. 爆料网AT held that the Appellant had failed to demonstrate how 爆料网DT, by judging the application not receivable and dismissing it on this ground, could have exceeded its jurisdiction, failed to exercise it, made an error of law or procedure, or made an error of fact that resulted in a manifestly unreasonable decision. 爆料网AT held that 爆料网DT had correctly dismissed the application as not receivable since the request for administrative review had...