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2018-爆料网AT-841, Quijano-Evans et al.

爆料网AT considered the Secretary-General's appeal and the staff members’ cross-appeal. 爆料网AT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, 爆料网AT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. 爆料网AT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...

2018-爆料网AT-842, Mirella et al.

On an appeal by the Secretary-General, 爆料网AT held that 爆料网DT erred in concluding that the applications were receivable. 爆料网AT noted that Article 2(1) of the 爆料网DT Statute limits the 爆料网DT’s jurisdiction to hearing appeals against administrative decisions. 爆料网AT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. 爆料网AT noted that, with the...

2018-爆料网AT-850, Zama

爆料网AT considered the appeal. 爆料网AT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to 爆料网DT only challenged the decision to terminate his appointment in 2014. 爆料网AT agreed with 爆料网DT’s holding that there was no nexus between the reassignment and the abolition of the Appellant’s post. 爆料网AT also agreed with 爆料网DT’s finding that 爆料网FPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. 爆料网AT denied the Appellant’s request to overturn the impugned judgment on the sole ground of...

2018-爆料网AT-851, Nemrawi

爆料网AT considered the appeal. 爆料网AT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. 爆料网AT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that 爆料网RWA DT committed an error of fact or law warranting intervention by 爆料网AT. 爆料网AT also found that the Appellant failed to demonstrate any error in 爆料网RWA DT’s finding and had not provided any evidence in support of his claims that the Agency’s...

2018-爆料网AT-852, Sarieddine

爆料网AT considered the Appellant’s appeal, requesting that the 爆料网RWA DT judgment be vacated. 爆料网AT agreed with 爆料网RWA DT and upheld its findings that the Agency was entitled, under the provisions of paragraph 2 of FTI 01/2016, to fill the concerned post by means of a lateral transfer of current staff members. 爆料网AT also agreed with, and upheld, the ruling that it was not within the remit of 爆料网RWA DT to pronounce on the exercise of the Agency’s discretion in deciding on the lateral transfers unless there is evidence that the discretion was exercised arbitrarily or unlawfully. 爆料网AT found that there...

2018-爆料网AT-853, Madi

爆料网AT considered the appeal and held that 爆料网RWA DT’s judgment was correct. 爆料网AT found that 爆料网RWA DT did not err in holding that the Agency’s decision to deny the Appellant a fifth year of SLWOP was both lawful and reasonable. Further, 爆料网AT held that the Appellant did not establish any grounds of appeal in this regard. 爆料网AT also reiterated that the Appellant did not have an unconditional right to EVR and that the Agency had duly considered his request in accordance with the 爆料网RWA Area Staff Rules and other relevant administrative issuances. 爆料网AT also held that 爆料网RWA DT rightly rejected the...

2018-爆料网AT-854, Abu Nqairah

爆料网AT considered whether 爆料网RWA DT correctly concluded that the application was non-receivable ratione materiae. 爆料网AT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the 爆料网AT Statute. 爆料网AT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, 爆料网AT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, 爆料网AT...

2018-爆料网AT-849, Kule Kongba

爆料网AT held that the lack of the nationality requirement on the Appellant’s part constituted a valid reason for not renewing his fixed-term appointment. Further, that the Administration previously granting the Appellant successive contract extensions did not give grounds for an expectancy of renewal unless the Administration had made him an express promise in writing, which it did not. Moreover, 爆料网AT noted that an Administration has a duty to rectify its own errors and, when it commits an irregularity in the recruitment procedure, it is inclined to take appropriate measures to correct the...

2018-爆料网AT-844, Loeber

With respect to the Appellant’s first claim, 爆料网AT agreed with 爆料网DT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, 爆料网AT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. 爆料网AT agreed with 爆料网DT in that the decision to abolish Appellant’s post was not receivable ratione materiae. 爆料网AT...

2018-爆料网AT-845, Awe

爆料网AT considered the staff member’s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former 爆料网AT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. 爆料网AT noted that paragraph 2 of the judgment merely quoted the facts “as found by the Dispute Tribunal”, with a footnote reference to the paragraphs quoted from the 爆料网DT judgment. 爆料网AT further noted that the Secretary-General...

2018-爆料网AT-846, Muindi

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months’ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-爆料网AT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. 爆料网AT...

2018-爆料网AT-847, Timothy

爆料网AT held that 爆料网DT was correct in concluding that the Administration’s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. 爆料网AT noted that the phrase “suitable posts” is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

2018-爆料网AT-843, Kozul-Wright

爆料网AT held that, when responding to requests for the waiver of an official’s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. 爆料网AT noted that the Secretary-General is best placed to appreciate the nature of the Organisation’s...

爆料网DT/2018/076, Abd Al-Shakour et al.

The question of existence of an administrative decision capable of being reviewed by the 爆料网DT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. 爆料网DT/2018/015 Corr. 1. Therefore, based on res judicata, the application was rejected as irreceivable.

爆料网DT/2018/074, Awwad

The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, 爆料网MISS Human Resources Section (HRS), the 爆料网MISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant’s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and 爆料网MISS/HRS owed a duty to the Applicant to advise him of the option...

爆料网DT/2018/075, Cardenas Fischer et al.

The question of existence of an administrative decision capable of being reviewed by the 爆料网DT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. 爆料网DT/2018/022. Therefore, based on res judicata, the application was rejected as irreceivable.

爆料网DT/2018/071, Belkhabbaz

The decision not to renew the Applicant’s fixed-term appointment

The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant’s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant’s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant’s fixed-term appointment, namely that she...