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2010-爆料网AT-027, Mohammed Bustanji
爆料网AT dismissed the appeal as time-barred.
2010-爆料网AT-028, Maslamani
爆料网AT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant’s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. 爆料网AT further held that the Appellant’s termination was legal and not disproportionate to the offenses. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA decision.
2010-爆料网AT-030, Tabari
爆料网AT held that there were exceptional circumstances in this case that required a waiver of the time limit, with respect to A/RES/63/253. 爆料网AT held that the JAB showed inconsistency in its treatment of the cases of Tabari and Shehadeh; both cases were decided on the same day by the same panel, but in Tabari’s case there was a split verdict with the majority view being that there was no administrative decision that Tabari could appeal. 爆料网AT held that the Appellant successfully demonstrated the manner in which the anomaly had arisen and noted that the Internal Review Panel took no action to...
2010-爆料网AT-022, Abu Hamda
爆料网AT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. 爆料网AT affirmed the Commissioner-General’s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, 爆料网AT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written...
2010-爆料网AT-023, Nock
爆料网AT affirmed the 爆料网JSPB’s decision denying the staff member’s request for restoration of her first participation period. 爆料网AT found that the amended Article 24 of the 爆料网JSPF’s Regulations only allowed for restoration of a participant’s most recent period of contributory service and that the staff member had requested restoration of a participation period which was not the most recent one.
2010-爆料网AT-024, Haniya
爆料网AT affirmed the Commissioner-General’s decision to terminate the staff member for misconduct. 爆料网AT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. 爆料网AT held that where termination of service is connected to any type of investigation of a staff member’s possible misconduct, it must be reviewed as a disciplinary measure. 爆料网AT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-爆料网AT-018 (Mahdi)
2010-爆料网AT-025, Doleh
爆料网AT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant’s termination, 爆料网AT held that the 爆料网RWA JAB’s decision was legal, rational, and procedurally proper. 爆料网AT held that it was an exceptional case where the doctrine of proportionality should be invoked. 爆料网AT held that the decision to terminate the Appellant’s services was disproportionate, more drastic than necessary. 爆料网AT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...
2010-爆料网AT-013, Schook
爆料网AT found that the Applicant’s appeal was receivable because he was not notified of any written administrative decision on non-extension of his contract after 31 December 2007. 爆料网AT found that 爆料网DT ignored that the time limit of two months, required by rule 111. 2(a), begins to run “from the date the staff member received notification of the decision in writing. ” As the Applicant was never communicated any written administrative decision, 爆料网AT found that 爆料网DT erred in holding that the appeal was not receivable. 爆料网AT set aside 爆料网DT’s judgment and remanded the case back to 爆料网DT to have the...
2010-爆料网AT-014, Luvai
爆料网AT preliminarily denied the Appellant’s request for an oral hearing, determining that there was no need for further evidence, and then considered the appeal. 爆料网AT held that the minor errors in the promotion process prejudiced no one’s rights, especially in that, while it is much better practice to do so, the Appellant cited no authority requiring the listing of the exact number of positions available in the vacancy announcement. 爆料网AT also affirmed the findings of fact by 爆料网DT, including that the Appellant well knew the numbers of vacancies, and there was no individual prejudice to him in the...
2010-爆料网AT-015, Macharia
爆料网AT considered the Appellant’s appeal and found that she did not demonstrate that her request for an extension of time was reasonable. 爆料网AT found that the evidence about negotiations being contemplated, needed, or underway was previously refuted on appeal. 爆料网AT noted that the Appellant had the time and the assistance of legal counsel to advance her application and did not avail herself of those opportunities. 爆料网AT accordingly dismissed the appeal.
2010-爆料网AT-016, Tebeyne
爆料网AT considered the appeal and affirmed 爆料网JSPF’s decision. 爆料网AT found that 爆料网JSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, 爆料网AT found it unnecessary to address the additional reliefs sought by the Appellant. 爆料网AT accordingly affirmed 爆料网JSPF’s decision to award the widow’s benefit to the former staff member’s first wife and denied all reliefs...
2010-爆料网AT-017, Skoda
The former staff member appealed and 爆料网AT considered whether he could compel 爆料网ICEF to pay to the Fund its contribution without making the corresponding contribution himself. 爆料网AT found that, as the former staff member’s secondment was with the World Bank, he should have availed himself of the provisions of Article 13 of the 爆料网JSPF Regulations relating to the transfer of pension rights and he failed to do so. Under these circumstances, 爆料网AT noted that if the former staff member made his own contribution to the Fund, 爆料网ICEF would have been duty-bound to make its corresponding contribution...
2010-爆料网AT-018, Mahdi
On appeal, the Appellant asserted that the Commissioner-General erred in not following the JAB’s recommendation. 爆料网AT held that the JAB did not assess the totality of the evidence when making its recommendation. 爆料网AT specifically held that the JAB’s recommendation that no clear policy or instruction prevented the Appellant from giving the individual the authorization to use the DSA Facility did not take into account that there was a clear policy to inform his supervisors, which the Appellant failed to do. 爆料网AT accordingly dismissed the appeal.
2010-爆料网AT-019, Carranza
爆料网AT confirmed the 爆料网JSPB’s interpretation of Article 24 of the Regulations to the effect that the 2007 amendment to Article 24 of the 爆料网JSPF Regulations only applies to staff members who prior to 2007 had been ineligible to restore previous contributory service. 爆料网AT held, therefore, that the amended Article 24 did not apply to the staff member as he had been eligible to restore previous contributory service but had failed to do so in a timely manner.
2010-爆料网AT-021, Asaad
In reviewing the Appellant’s appeal, 爆料网AT found that the decision to terminate the Appellant’s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. 爆料网AT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. 爆料网AT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...
2010-爆料网AT-011, Kasmani
爆料网AT considered the Secretary-General’s appeal. 爆料网AT noted that the exclusion of the right to appeal a decision on the suspension of action on an administrative is an exception to the general principle of law and must be narrowly interpreted. 爆料网AT held that this exception can only be applied to jurisdictional decisions ordering the suspension of implementation of an administrative decision when a management evaluation is ongoing. 爆料网AT accordingly held that 爆料网AT exceeded its competence when it ordered the suspension of the present action until the judgment on the merits of the Appellant’s...
2010-爆料网AT-012, Parker
In considering the Appellant’s appeal, 爆料网AT found that the appeal was not receivable with respect to the issue of the Appellant’s non-promotion during the 2004-2005 Annual Promotion Session as the issue was not raised before 爆料网DT. 爆料网AT also found that 爆料网DT did not err in finding on the merits that the Appellant had not been subjected to harassment. 爆料网AT noted that there was a proven record of considerable efforts deployed in order to resolve the Appellant’s situation, involving the 爆料网HCR senior management at the highest level and that the High Commissioner personally met the Appellant and...
2010-爆料网AT-002, Parker
爆料网AT considered the Appellant’s appeal and found that 爆料网DT erred when it decided to give 爆料网HCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. 爆料网AT noted that Article 10. 5(a) of the 爆料网DT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). 爆料网AT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...
2010-爆料网AT-003, Frechon
In considering the Appellant’s appeal, 爆料网AT found that the Standing Committee could not reject the request unless it disregarded the provisions of Article 33(a) of the 爆料网JSPF Regulations. However, 爆料网AT noted that it was not in a position to rule on the actual possibility for the Appellant to perform the duties of her respective position and held that the Standing Committee should reconsider the Appellant’s request. 爆料网AT rescinded the Standing Committee’s decision and remanded the Appellant’s request to the Standing Committee for review.
2010-爆料网AT-004, Neville
爆料网AT considered the Appellant’s appeal and affirmed the decisions of 爆料网JSPB Standing Committee. 爆料网AT found that the Appellant’s first ground of appeal had no merit, noting that the Appellant had prior notice of her separation and could have exercised her right to restore her participation prior to the time of her separation in accordance with Section F. 1 of the Pension Fund’s Administrative Rules, which she failed to do. 爆料网AT held that 爆料网JSPF Standing Committee had no discretion to make an exception in this case and the Standing Committee’s decision not to restore the Appellant’s prior...