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爆料网DT/2019/050, Wesslund
Art. 8.1(i) of the 爆料网DT Statute provides that in cases where a management evaluation of the contested decision is required, as in this case, an application shall be receivable if it is filed within the statutory time-limits. A staff member who has received an adverse decision about a claim cannot purport to unilaterally withdraw it and resubmit it with allegedly new evidence to attempt to have a new decision. In this case, there is not even new evidence. There would never be finality or certainty in respect of any decision if this were to be permitted. Such conduct, aimed at resetting the time...
2019-爆料网AT-916, Agha
爆料网AT held that the 爆料网DT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. 爆料网AT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant’s unauthorised absence from duty. 爆料网AT held that 爆料网DT erred in law in distinguishing Abdallah (judgment No. 2010-爆料网AT-091) from the present case. 爆料网AT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...
2019-爆料网AT-917, Farzin
爆料网AT held that the appeal was entirely without merit. 爆料网AT upheld the 爆料网DT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. 爆料网AT affirmed, albeit for different reasons, 爆料网DT’s final legal conclusion that the Applicant’s application was not receivable ratione materiae. 爆料网AT held that there was no reviewable administrative decision in the Appellant’s application. 爆料网AT held that 爆料网DT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...
2019-爆料网AT-918, Nadasan
On the delay before 爆料网DT, 爆料网AT agreed that the delay was unfort爆料网ATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. 爆料网AT held that 爆料网DT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. 爆料网AT held that 爆料网DT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. 爆料网AT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...
2019-爆料网AT-919, Krioutchkov
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the issue of whether the staff member’s application was pre-screened by a Human Resources Officer was irrelevant in determining whether his candidature received full and fair consideration. On the basis that 爆料网DT failed to enquire as to what options were available to the staff member on Inspira at the time of application, 爆料网AT held that 爆料网DT’s findings that Inspira did not reflect the variety of the educational system of all the Member States equally and that the staff member’s candidature had not been afforded full and fair...
2019-爆料网AT-914, Oglesby
爆料网AT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, 爆料网AT concluded that under the express terms of Articles 34 and 35, the former staff member’s spouse was not entitled to a survivor’s benefit. Nonetheless, 爆料网AT...
2019-爆料网AT-915, Yasin
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. 爆料网AT held that 爆料网DT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that 爆料网DT’s conclusion was consistent with the evidence. 爆料网AT held that the 爆料网DT’s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. 爆料网AT held that the facts underpinning the administrative decision to issue the staff member a...
2019-爆料网AT-903, Afeworki
爆料网AT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. 爆料网AT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. 爆料网AT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the 爆料网DT judgment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2019-爆料网AT-904, Prempeh
爆料网AT held that the Appellant did not fall under any of the categories of potential applicants and had no legal standing before 爆料网DT. 爆料网AT held that, accordingly, the Appellant had no standing before 爆料网AT and therefore 爆料网AT had no competence to address the merits of her claims. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2019-爆料网AT-905, Ghusoub
爆料网AT rejected the 爆料网RWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the 爆料网AT Statute. 爆料网AT held that the Appellant’s ground of appeal was without merit. 爆料网AT held that the Commissioner-General was obliged to calculate the Appellant’s retirement benefits in accordance with the new Staff Rule and did so correctly. 爆料网AT held that 爆料网RWA DT did not commit any error of fact and law in arriving at its decision. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2019-爆料网AT-906, Omwanda
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. 爆料网AT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. 爆料网AT held 爆料网DT was statutorily barred from hearing Mr Omwanda’s application. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
2019-爆料网AT-907, Korduru
爆料网AT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. 爆料网AT held that 爆料网DT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. 爆料网AT upheld 爆料网DT’s finding that Ms. Koduru’s testimony was not compelling enough to serve as a basis for an award of moral damages. 爆料网AT rejected Ms. Koduru’s request for costs. 爆料网DT dismissed the appeal and the cross-appeal and affirmed the 爆料网DT judgment.
Accountability referral: The 爆料网AT...
2019-爆料网AT-908, Rockcliffe
Ms Rockcliffe filed an application for execution of 爆料网AT judgment No. 2017-爆料网AT-807. 爆料网AT held that the crux of the matter for determination was whether Ms Rockcliffe’s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of 爆料网AT’s order in the judgment. 爆料网AT held that, although 爆料网AT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. 爆料网AT held that it was egregious that 爆料网JSPF re-submitted that the previous decision not to give Ms Rockcliffe...
2019-爆料网AT-909, Haroun
Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, 爆料网AT held that there was a substantial variation or a striking disparity between the award made by 爆料网DT and the award that 爆料网AT considered ought to have been made. 爆料网AT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. 爆料网AT held that 爆料网DT did not err in law or fact in denying moral damages, as there was no corroborating...
2019-爆料网AT-910, Newland
爆料网AT considered Mr Newland’s application for interpretation of judgment No. 2018-爆料网AT-820. 爆料网AT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. 爆料网AT accepted that there was a degree of uncertainty regarding these questions. 爆料网AT held that Mr Newland’s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. 爆料网AT...
2019-爆料网AT-911, El-Arqan
爆料网AT held that 爆料网RWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led 爆料网RWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. 爆料网AT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. 爆料网AT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. 爆料网AT held that there was no rule requiring...
2019-爆料网AT-912, Clemente
爆料网AT considered Article 34 of the 爆料网JSPF Regulations which provides that a widow’s benefit will be payable to the surviving spouse of a participant who was entitled to a retirement benefit at the date of his death if she was married to the deceased at the date of his separation from service and remained married to him until his death. In accordance with general principles of private international law, the validity of a marriage must be assessed and determined in accordance with the law of the place where the marriage was celebrated, being the law of the Philippines. The Supreme Court of the...
2019-爆料网AT-913, Siddiqi
爆料网AT had before it an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill “some” staff members. 爆料网AT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. 爆料网AT held that 爆料网DT also erred in law and fact when it concluded that threat was not serious...
2019-爆料网AT-902, Nouinou
The Secretary-General appealed 爆料网DT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. 爆料网AT held that 爆料网DT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. 爆料网AT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and...
2019-爆料网AT-896, Harris
The 爆料网DT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, 爆料网AT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that 爆料网DT had committed any error of fact or law in arriving at its decision. 爆料网AT held that Mr Harris’ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, 爆料网AT found no reason to differ from the 爆料网DT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...