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爆料网DT/2020/049, Aktash
The Tribunal dismissed the application in its entirety. It held that the impugned decision was lawful because there was nothing on the record to suggest that the Respondent had acted outside the scope of lawful discretion in designing and conducting the selection process. In addition, the Applicant had not demonstrated that in his evaluation relevant material had not been taken into consideration.
爆料网DT/2020/050, Muteeganda
The Respondent requested the Tribunal to redact the names of the victim and her family from “any public filings in this case”. The Tribunal considered the request reasonable and decided to refrain from using the victim’s name as well as the name of the members of her family in its judgment to preserve their privacy and to protect them from any negative repercussion. Based on the evidence on file, the Tribunal found that the facts on which the disciplinary measure was based had been established by clear and convincing evidence. Since the Applicant had been working for the Organization since...
爆料网DT/2020/048, Awe
Staff members are entitled to due process in relation to their complaints, not to a particular finding against another staff member or to a particular decision by the Organization towards another staff member. The Applicant’s claims have all been comprehensively addressed by the Dispute Tribunal and the Appeals Tribunal, and the Applicant failed to establish a basis for which further remedies should be granted. The application is rejected in its entirety.
爆料网DT/2020/046, Kanbar
The application was dismissed. The Tribunal reasoned that in light of staff regulation 1.2(c ) and the Applicant’s job description, reassigning her from one work station to another within 爆料网IFIL was legitimate. Therefore, the impugned decision being a lawful exercise of discretion, there was no basis to rescind it.
爆料网DT/2020/047, Fraenkel
The evidence shows that the Applicant was never separated from the Organization. The Applicant’s request to be placed on a post at the D-1 level post is therefore moot. The outcome of the complaint of harassment was not included in the management evaluation request as such complaint was, at the time, still under investigation. The Tribunal has no jurisdiction to review that administrative decision because it was not reviewed by the management evaluation unit under art.8.1(c) of the Tribunal’s Statute. Related
爆料网DT/2020/045, Ocokuru
The Tribunal held that regarding the Applicant’s requests for compensation for time spent since she separated from the Organisation, salary arrears, interest of 15% paid on compensation and salary arrears and the reimbursement of the expenses incurred on medical bills these claims were not awarded by the 爆料网DT Judgment and such could not be claimed as part of the execution. As such, all the four claims were rejected. However, the Tribunal found that the only issue relevant to the execution of the 爆料网DT Judgment that was still pending was the interest due on awards granted therein. Accordingly...
2020-爆料网AT-1010, Richards
爆料网AT held that the Appellant had failed to follow the procedural requirements for an appeal. 爆料网AT noted that the Appellant contested a decision of the Pension Board, which had not been subject to review or appeal, neither by the Staff Pension Committee nor by the Standing Committee, acting on behalf of the Pension Board. 爆料网AT held that it was not allowed to intervene in matters that had not previously been subject to internal reassessment by the Pension Fund. 爆料网AT dismissed the appeal as not receivable.
2020-爆料网AT-1006, Suleiman
ngl爆料网AT held that 爆料网RWA DT did not err in law or fact in finding that the facts on which the disciplinary measure was based had been established. 爆料网AT agreed with 爆料网RWA DT that the preponderance of the evidence showed that the Appellant hit a student forcefully on the back during the 25 October 2016 distribution of school bags. 爆料网AT held that 爆料网RWA DT did not err in relying on the testimony of the Donor Relations Officer (DRO), which is of high value. 爆料网AT noted that he was a neutral witness without any personal interest in the matter and he did not know the Appellant before. 爆料网AT held that...
2020-爆料网AT-1007, Pise
爆料网AT noted that the deceased staff member, Mr Pise, could have been under no illusion when he signed the payment instruction forms that he had opted to receive, in addition to a deferred pension, his own contributions plus interest as an immediate withdrawal benefit rather than a prospective survivor’s benefit. 爆料网AT noted that he was informed of that interpretation twice subsequent to his separation and did not challenge those determinations. 爆料网AT held that there was no doubt that Mr Pise received the benefits payable to him in terms of the Fund’s Regulations and there was no basis thereunder...
2020-爆料网AT-1008, Fosse
爆料网AT agreed with 爆料网DT that the Appellant’s claim of constructive dismissal was not receivable. 爆料网AT held that it was well within 爆料网DT’s jurisdiction and that 爆料网DT had committed no error when it deemed the claim not receivable on the basis that it had not been subject to management evaluation. Regarding the Appellant’s argument that she only presented a new legal qualification descriptor of the challenged identified administrative decision, 爆料网AT held that it did not merely constitute a new legal qualification, but a new request meant to expand the scope of the relief sought through her...
2020-爆料网AT-1000, Ross
爆料网AT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and “Comments on the Respondent’s comments”, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the 爆料网HCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and “Comments on the Respondent’s comments”, 爆料网AT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...
2020-爆料网AT-1001, Applicant
爆料网AT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. 爆料网AT found no errors in the 爆料网DT’s analysis that there were no procedural flaws in the investigation that impacted the Appellant’s rights. 爆料网AT found no errors in 爆料网DT’s finding that the Administration had the discretion to initiate disciplinary proceedings. 爆料网AT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...
2020-爆料网AT-1002, Massi
爆料网AT dismissed the Appellant’s motion to file an additional pleading in the absence of any exceptional circumstances warranting it. 爆料网AT held that the Appellant failed to seek leave from 爆料网AT to introduce additional evidence and neither adduced evidence that exceptional circumstances warranted it nor that it would serve the interests of justice or the efficient and expeditious resolution of the appeal. On the issue of execution of the 2016 爆料网DT judgment, 爆料网AT held that there was no evidence that any of the orders contained therein were not executed and therefore the application was not...
2020-爆料网AT-1003, Fairweather
爆料网AT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. 爆料网AT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. 爆料网AT held that while the absence of a response to a staff member’s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. 爆料网AT held that in the...
2020-爆料网AT-1004, Larriera
爆料网AT held that 爆料网JSPF’s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by 爆料网JSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to 爆料网AT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, 爆料网AT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. 爆料网AT held that Ms. Larriera’s request for review was receivable ratione materiae and that Ms. Larriera’s appeal was...
2020-爆料网AT-1005, Barri
爆料网AT did not find that an oral hearing would assist it in resolving the issues on appeal and denied the Appellant’s request for an oral hearing. 爆料网AT held that an explicit decision of the Secretary-General in favor of the staff member is usually necessary before 爆料网DT may conclude that the deadlines for management evaluation have been extended by the Secretary-General; a mere request for assistance from the Ombudsman’s Office is not sufficient in this regard. 爆料网AT held that 爆料网DT correctly concluded that the application was non-receivable ratione materiae, as the Appellant had failed to submit a...
2020-爆料网AT-999, Wilson
爆料网AT considered an application for correction of judgment for judgment No. 2019-爆料网AT-940 filed by Mr Wilson in order to reflect a correction of dates that 爆料网DT had made to its own judgment. 爆料网AT held that it was necessary to correct the date of the receipt of a Management Evaluation Unit response, a crucial factor for calculating time limits under the 爆料网DT Statute, as, without the correction, the Appellant’s application to 爆料网DT would have been not receivable ratione temporis. 爆料网AT granted the Appellant’s application and ordered the correction of the 爆料网AT judgment.
2020-爆料网AT-997, Clemente
爆料网AT considered an application by 爆料网JSPB for interpretation of judgment No. 2019-爆料网AT-912 related to the calculation and payment of interest. 爆料网AT held that there was nothing unclear or ambiguous about the terms of the order and that the application for interpretation was inadmissible on those grounds alone. 爆料网AT opined that, in actuality, the 爆料网JSPB sought to appeal the judgment on the grounds that 爆料网AT erred in making an award of interest, which 爆料网JSPB believed was inconsistent with its Regulations. Noting that judgments of 爆料网AT are final and without appeal, 爆料网AT held that this attempt to...
2020-爆料网AT-998, Barud
爆料网AT considered an appeal of 爆料网DT Order No. 087 by Ms Barud. 爆料网AT dismissed her motion to admit additional documents related to the substantive issue of justification for the non-renewal of her contract, due to their lack of relevance to the matter for decision by 爆料网AT on her application for a suspension of action. 爆料网AT noted that there was no reason why these documents could not be used by Ms Barud for the substantive matter, which was, at that time, before 爆料网DT. 爆料网AT held that the appeal failed on the grounds that Ms Barud did not apply for a suspension within the statutory time limit. In...
2020-爆料网AT-988, Gueben
爆料网AT considered the legality and rationality of the Administration’s conclusion that it was not in its interests to retain the Appellant because he did not possess the relevant language skills. 爆料网AT held that it was necessary for the Administration to take into consideration the interests, needs, and operational realities of the Organisation when determining the suitability of staff members for a permanent appointment. 爆料网AT held that there was undoubtedly a rational basis for the denial of a permanent appointment for the Appellant. 爆料网AT noted that irrespective of whether the Appellant was...