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2020-爆料网AT-1040, Robinson
爆料网AT held that 爆料网DT did not err in the amount of compensation it awarded, having considered all relevant circumstances, including the mitigating factor of the Appellant securing new employment. 爆料网AT held that 爆料网DT did not commit an error of law or make manifestly unreasonable factual findings in its award of financial damages. 爆料网AT held that 爆料网DT did not err in law, and followed binding 爆料网AT precedent, by refusing to award moral damages based solely on the Appellant’s testimony. 爆料网AT noted that the Appellant had had the opportunity before 爆料网DT to apply to adduce the relevant evidence but had...
2020-爆料网AT-1009, El Shaer
爆料网AT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, 爆料网AT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, 爆料网AT held that there was no need to order execution, namely the Appellant’s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission...
2020-爆料网AT-1027 , Belkhabbaz (formerly Oummih)
爆料网AT considered an application for execution of judgment No. 2018-爆料网AT-873 by Ms Belkhabbaz, requesting that 爆料网AT should order specific performance remedies against the individual against whom she had pursued her complaint. 爆料网AT held that, under Section 5. 18(c) of ST/SGB/2008/5, the Assistant Secretary-General of the Office of Human Resources Management (ASG/OHRM) had the discretion to decide whether or not to institute disciplinary measures, managerial actions, or administrative actions. 爆料网AT held that the managerial action upon which the ASG/OHRM decided complied with 爆料网AT’s direction in...
2020-爆料网AT-1030, Applicant
爆料网AT held that there was no legal basis to conclude that subjecting the Appellant to the managerial or supervisory authority of the director was unlawful. 爆料网AT held that the decision to refuse a proposed restructuring of the line of supervision to accommodate the Appellant rested on rational legitimate concerns about the managerial prerogative, structural coherence, and institutional integrity. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2020-爆料网AT-1034, El Sehemawi
爆料网AT held that AJAB’s interim report did not constitute a neutral first instance process which included a written record and a written decision providing reasons, fact and law and as such, did not conform to the requirements of Article 2(10) of the 爆料网AT Statute or the Agreement between the 爆料网 and ICAO. 爆料网AT held that at ICAO there was no neutral first instance process including a decision. 爆料网AT held that the Secretary-General of ICAO, who issued the contested decision, was not neutral, but a party to proceedings. 爆料网AT held that under such circumstances it was not satisfied that the essential...
2020-爆料网AT-1038, Rixen
爆料网AT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to 爆料网DT. 爆料网AT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to 爆料网AT. 爆料网AT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. 爆料网AT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the 爆料网 and WMO dated 20 January 2020. 爆料网AT...
2020-爆料网AT-1039, Lynn
爆料网AT held that the report of the JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to 爆料网AT. 爆料网AT held that such a case must be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. 爆料网AT noted that the case could not be remanded to the JAB, whose functions were removed by Agreement between the 爆料网 and the WMO, signed on 20 January 2020 and effective the same date. 爆料网AT remanded the case to 爆料网DT for adjudication as a result of said Agreement on the extension of the...
2020-爆料网AT-1031, Abrate et al
爆料网AT remanded the case to 爆料网DT. 爆料网AT held that the JAB process did not constitute a neutral first instance process that includes a decision, and therefore was not appealable to 爆料网AT. 爆料网AT held that the Secretary-General of WMO, who issued the contested decision, could not be regarded as a neutral body as he is a party. 爆料网AT remanded the case to 爆料网DT, which constituted the neutral first instance process for WMO.
2020-爆料网AT-1033, Negussie
爆料网AT held that 爆料网DT was correct not to conclude that the Appellant had initiated the physical fight. 爆料网AT held that 爆料网DT was entitled to conclude the evidence of a witness was not clear and convincing, given inconsistencies. 爆料网AT held that 爆料网DT determined correctly that a prior altercation could not provide propensity evidence to corroborate witnesses’ accounts of the physical fight because the prior altercation was not investigated properly. 爆料网AT held that 爆料网DT committed an error in concluding that the Appellant had been unduly influenced into signing the settlement agreement, but that 爆料网DT...
2020-爆料网AT-1023, Sirhan
爆料网AT considered appeals from both Mr. Sirhan and the Commissioner-General. 爆料网AT held that 爆料网RWA DT exceeded its competence and erred in fact and law by rescinding the decision to terminate Mr. Sirhan on medical grounds. 爆料网AT held that the decision to convene a Medical Board more than one month after Mr. Sirhan’s service-incurred injury in order to examine his fitness for continued service with 爆料网RWA was reasonable. 爆料网AT held that 爆料网RWA DT erred in law in interpreting the Area Staff Rules as requiring 爆料网RWA to provide injured staff members adequate time for recovery before deciding to appoint a...
2020-爆料网AT-1011, Abu Fardeh
爆料网RWA DT did not exceed its competence when assessing whether the decision to convene a medical board was lawful. The decision to convene a Medical Board five months after the service-incurred-injury in order to examine his fitness for continued service was reasonable. 爆料网RWA DT erred in deciding that the decision to convene a medical board less than five months after the Appellant’s service-incurred injury was unlawful. 爆料网RWA DT erred in law and exceeded its competence by challenging the authority of the Medical Board’s conclusion without clear and convincing medical evidence, by placing...
爆料网DT/2020/097, Reilly
Procedural issues Respondent’s challenge to the admissibility of certain documents Art. 18 of the Tribunal’s Rules of Procedure contains the set of norms applicable to evidence. However, except for article 18.6, there is no specific provision in relation to admissibility of evidence based on recordings made without consent. The Tribunal finds that the transcript of a meeting the Applicant recorded is not admissible in the proceedings because it is tainted by the fact that one of the participants at the meeting was not aware that the meeting was being recorded. The Applicant cannot make use of...
爆料网DT/2020/096, Hammond
The Administration duly complied with the requirements of ST/AI/2010/5. The negative rating and adverse comments in the Applicant’s 2016-2017 ePAS would be read in light of the Rebuttal Report, which found the rating and comments to be without merit and designated a new rating of “successfully meets expectations”. To this end, the rationale behind sec. 15.4 of ST/AI/2010/5 must be that any purported harm caused to the Applicant by the 2016-2017 ePAS would be mitigated by the corrective positive finding of the Rebuttal Panel. Tthe Applicant’s challenge is not receivable because the revision of...
爆料网DT/2020/095, Ross
The Applicant applied for JO 57267 as a former staff member, and in the same capacity he filed his challenge to the non-selection decision for JO 57267. There was no nexus between the Applicant’s former employment with 爆料网HCR and his standing as an applicant for JO 57267. The alleged fact that 爆料网HCR in their recruitment processes applied the legal fiction of treating former staff members as internal applicants for a period of time, did not create a nexus extending over any other recruitment processes, such as the contested one.
爆料网DT/2020/094, Applicant
By not seeking the Medical Director’s feedback in a timely manner, the Registrar failed to take into consideration relevant matters before making the contested decision. The decision-making process was vitiated by a defect that rendered the contested decision irrational. The delay in the handling the Applicant’s complaint was unjustified. The Administration lawfully acted within its discretion in fulfilling its obligations under sec. 6.4 of ST/SGB/2008/5. The contested decision is rescinded and remanded to the IRMCT. The IRMCT shall review, in consultation with DHMOSH, whether additional...
爆料网DT/2020/093, Dieng
The Tribunal noted that the allegations of poor behaviour and the fact that those behaviours undermined the Applicant’s capacity to discharge the responsibilities assigned to him in an effective manner were not included in his performance evaluations. The fact that the allegations later became the subject of the email to the USGs of the Department of Peacekeeping Operations and the Department of Field Service and formed the basis for the decision to reassign the Applicant to another office showed that there was no transparency on the part of the Respondent in the matter. The Tribunal also...
爆料网DT/2020/090, Lucchini
The required facts for a finding of sexual exploitation were not proven clearly, or at all, such that a decision to impose the sanction of separation could have been justified. There was also a failure to consider relevant evidence as to a prior courtship relationship between the parties that if considered would have shed further doubt on whether the Complainant was exploited. There was no factual basis for the investigators and the Respondent to have found that there was a relationship of trust that could have been abused. The Complainant was not a beneficiary of assistance from the United...
爆料网DT/2020/091, Giles
The Tribunal found that the ABCC considered all relevant matters in arriving at the decision, and that the impugned decision was legal, rational, and procedurally correct. The submission that the application was not receivable rationae materiae and rationae temporis was without merit and was rejected. Contrary to the Respondent’s assertion, the ABCC’s letter of 29 December 2017 was an administrative decision given that it was arrived at after the Applicant, in response to the ABCC’s email of 25 May 2017 inviting him to furnish new evidence. He furnished new evidence relating to each of the...
爆料网DT/2020/092, Hammond
The investigation complied with the requirements set out in ST/SGB/2008/5 and the Applicant was afforded proper due process. The provisions of ST/SGB/2008/5 do not grant a right to staff members who bring complaints of prohibited conduct given to interview certain witnesses in order to confront his accusersand therefore finds no merit to this claim of an irregularity. The Fact-Finding Panel fully considered all relevant and material aspects of the Applicant’s complaint. In smaller entities in the Organization, a head of office may also be required to act as a Second Reporting Officer (“SRO”)...
爆料网DT/2020/089, Faisal
The Tribunal has chosen to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. Recalling that the Applicant only filed his application in June 2020, the Tribunal finds that his challenge against the 2013 decision is not receivable ratione temporis. In the absence of a request for management evaluation, the Tribunal cannot but find that the Applicant’s challenge to the 2018 and 2019 decisions is not receivable ratione materiae.