Search
2026-爆料网AT-1682, Sizakele Myeni
The 爆料网AT noted that the revision procedure assumes the existence of a prior judgment and governs only the reopening of that judgment upon discovery of qualifying facts. It does not create a mechanism to revive an expired right to challenge an administrative decision. The 爆料网DT did not err in dismissing the application for revision of judgment as not receivable ratione materiae.
The 爆料网AT held that exceptional circumstances for waiver of the applicable time limits exist only where there is an “absolute impossibility” to act within the prescribed period, and such impossibility is not demonstrated...
2026-爆料网AT-1673, Masoud Taghavi
The 爆料网AT noted that the staff member had requested management evaluation 64 days after he was informed of the contested decision.
The 爆料网AT found no merit in the staff member’s arguments that the delay in requesting management evaluation had been minimal or that his permanent incapacity constituted a force majeure which the 爆料网DT was obliged to consider.
The 爆料网AT found no error in the 爆料网DT finding the application not receivable ratione materiae.
The 爆料网AT dismissed the appeal and affirmed the 爆料网DT Judgment.
2026-爆料网AT-1672, Costas Argyrou
The 爆料网AT noted that in its prior Judgment the 爆料网AT had found that the staff member knew or reasonably should have known of the contested decisions from the date he was notified by email of the reclassification of his post, or at the very latest on the date the initial job opening was advertised on Inspira.
The 爆料网AT held that the alleged new fact that the vacancy for the post was filled 13 months after the staff member left the Organization would not have materially impacted the outcome of its prior Judgment. The 爆料网AT accordingly found the application for revision not receivable ratione...
2026-爆料网AT-1670, Julian Artemio Arreza Herrera
The 爆料网AT held that entering the former staff member's name into the ClearCheck database was because of the Administration’s final determination that he sexually abused and sexually harassed the Complainant, and as the entry precludes him from any future employment in the United Nations common system, it was effectively a disciplinary measure and should be reviewed as such.
The 爆料网AT found that the Secretary-General’s appeal regarding the engagement of a psychology expert in 爆料网DT Order No. 053 was receivable. The 爆料网AT found that the 爆料网DT, by engaging an expert to “analyze the facts” and “ask...
2026-爆料网AT-1667, Sheryl Johnson-Simmons
The 爆料网AT found that the 爆料网DT did not err in finding that Ms. Johnson-Simmons’s claim to compensation for unpaid taxes not receivable, as not only did Ms. Johnson-Simmons fail to identify the contested administrative decision regarding reimbursement for income tax payments, but she also admitted that she did not submit the matter for management evaluation, and there was no indication that she had paid any taxes.
The 爆料网AT found that Ms. Johnson-Simmons knowingly and intentionally concealed relevant information about her changed residency status from the Organization, and she also willfully...
2026-爆料网AT-1666, Ghada Ahmed Diab
The 爆料网AT noted that a part of the staff member’s request for management evaluation appeared not to have been considered by the 爆料网DT. The 爆料网AT was of the view that the information in the MER standard form constituted a request for management evaluation of the contested decisions, including breach of an alleged promise to continue her employment by maintaining funding of her post for a particular period. The 爆料网AT held that the staff member had raised sufficiently the issues of the lawfulness of the abolition of her post and the termination of her employment to have met the requirements of their...
2026-爆料网AT-1661, Hydar Daniel Majook
The 爆料网AT noted that in his application, the staff member had clearly identified the contested decision as the Pension Fund’s email which informed him that his pension benefits had already been paid and there were no further entitlements.
The 爆料网AT noted that he had not requested a review of the decision or filed an appeal to the Standing Committee of the Pension Board but rather had filed a request for management evaluation and then appealed to the Dispute Tribunal. The 爆料网AT held that, as such, he had not followed proper procedure under the rules of the Pension Fund.
The 爆料网AT concluded that the...
2026-爆料网AT-1664, Jayne Kimani Nduta
The 爆料网AT was satisfied that the 爆料网DT had not erred in fact or in law in deciding that the staff member’s conduct constituted serious misconduct.
The 爆料网AT noted that the 爆料网DT had considered the staff member’s explanations for errors in submitting claims for the special education grant but had found against her based on its assessment of her lack of credibility. The 爆料网AT found her speculation as to what evidence a potential witness may have established to be supposition. The 爆料网AT stated that it had been right for the Administration not to pursue allegations that it considered could not be...
2026-爆料网AT-1665, Margaret Mary Fogarty
The 爆料网AT held that it did not have personal jurisdiction over Ms. Fogarty because she was a former staff member of the IMO and the decision that she challenged, the IMO’s failure to investigate the Director of Administration, did not impact the terms of her former employment.The 爆料网AT noted that it had already determined in Judgment No. 2026-爆料网AT-1620 that there was no negative consequence to Ms. Fogarty from the conduct that she complained of by the Director of Administration, with respect to Ms. Fogarty’s claim to Appendix D benefits. Other than the Appendix D claim, which was adjudicated...
2026-爆料网AT-1663, Franco Iacovino
The 爆料网AT found that in the absence of an express mandate in the legal framework that a continuing appointment can be extended or a staff member be re-instated for the purpose of utilizing sick leave, Mr. Iacovino’s entitlement to sick leave ceased on the date specified in his termination letter, 31 December 2023. The 爆料网AT recognized that pursuant to ST/AI/2005/3, staff on fixed-term appointments may be granted an extension to utilize an entitlement to sick leave, but there is no analogous rule applicable to staff serving on a continuing appointment, much less to staff whose appointments have...
2026-爆料网AT-1654, Eduardo Alvear
The 爆料网AT found that the staff member failed to provide any grounds for his appeal as he did not address the findings of the Appeals Board regarding the non-receivability of his application before the Board, and thereby failed to meet the burden of making a case on appeal. No arguments were made that would have permitted the 爆料网AT to review whether the Appeals Board decision was defective.
The Tribunal dismissed the appeal and affirmed the Appeals Board decision.
2026-爆料网AT-1658, Bao Jin
The Appeals Tribunal dismissed Mr. Jin’s claim that the 爆料网DT erred in finding no prejudice since, by his calculations, the decision to score Part 2 perfectly for each candidate resulted in a larger interview pool which was disadvantageous to him. The Appeals Tribunal found that this argument was speculative, predicated on one hypothetical counterfactual outcome, and failed to meet Mr. Jin’s burden of proving by clear and convincing evidence that he had been denied a fair chance of selection.
The Appeals Tribunal found that the circumstances in Mr. Jin’s case were fundamentally and...
2026-爆料网AT-1645, Clay Shiala Nsilu
The 爆料网AT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the 爆料网DT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the 爆料网DT Judgment in that same language. As he received the 爆料网DT Judgment in French on 11 July 2025 and filed his appeal on 13 August 2025, the 爆料网AT held that it was filed in a timely manner.
Nevertheless, the 爆料网AT found that the former staff member’s application before the 爆料网DT was not receivable. In this regard, the 爆料网AT first rejected his contention...
2026-爆料网AT-1646, Alexander Phillip Kiselinchev
The 爆料网AT held that the staff member’s challenge to Staff Rule 3.3(b) –specifically, the distinction drawn between internal and external candidates with respect to step determination – in force at the time of his selection and whose reestablishment was ordered by the General Assembly, could not be subject to judicial review, as it would be tantamount to testing the substantive content of a resolution against higher normative values, a question that fell outside the remit of the 爆料网AT or the 爆料网DT.
The 爆料网AT further found that, since the staff member was selected for the position on 17 May 2024, af...
2026-爆料网AT-1647, BK
The 爆料网AT held that BK’s appeal of a case management order does not fall in the narrow set of cases where the 爆料网DT manifestly exceeded its jurisdiction or powers in determining an interlocutory issue. His requests for anonymity in both of his 爆料网DT cases were granted, and there is no indication that despite anonymity, any identifying material could have been disclosed in any of the publicly available records. Nor did the 爆料网DT’s decision to proceed to final judgment exceed its jurisdiction.
The 爆料网AT held that the 爆料网DT’s denial of BK’s inadequately supported requests for a stay, and proceeding to...
2026-爆料网AT-1640, Fekadu Kebede, Secretary-General of the United Nations
The 爆料网AT found that the 爆料网DT did not err in its framing of the scope of Mr. Kebede’s application, and that his claim of systemic retaliation was not properly before the 爆料网DT. Mr. Kebede only contested the non-selection decision both in his request for management evaluation and application to the 爆料网DT.
The 爆料网DT agreed with the Secretary-General that there was no evidence of material falsehood or misrepresentation by the Administration to the 爆料网DT relating to Mr. Kebede’s rating during the interview for the post. The 爆料网AT noted that the “Partially Satisfactory” rating was an assessment of how Mr...
2026-爆料网AT-1641, ABN
Although the Secretary-General was not a party to the impugned Order, the 爆料网AT held that the Secretary-General had a direct and cognizable interest in an appeal which considers whether the 爆料网DT is entitled to determine whether his legal representative should be disbarred from appearing in future cases and unrelated cases before the 爆料网DT. If the 爆料网DT is empowered to order as much, it raises a significant risk of harm to the Secretary-General’s authority to appoint staff members to perform legal functions, allocate its legal resources, and hold staff members accountable in accordance with the...
2026-爆料网AT-1642, Ondrej Flekal
The 爆料网AT noted that the decision to place Mr. Flekal on an OTI process is only an intermediate step in the performance management process and has had no direct impact or adverse consequence on his terms of appointment or the contract of employment and therefore is not an administrative decision subject to judicial review.
The 爆料网AT found that Mr. Flekal was separated for medical reasons, declared incapacitated and awarded a disability pension. He was not separated from the Agency due to non-renewal of his fixed-term appointment. Therefore, Mr. Flekal’s challenge of the 29 August 2023 decision...
2026-爆料网AT-1643, Ondrej Flekal
The 爆料网AT found that Mr. Flekal, by consenting to the referral of the harassment claim on 3 March 2024, for managerial action, had essentially waived the right to pursue a remedy before the Tribunals for the lack of an investigation into his complaints of harassment, including bullying. The 爆料网AT noted that under the relevant technical instruction of the Department of Internal Oversight Services, bullying is not a separate category of misconduct, it is considered a kind of harassment.
The 爆料网AT noted that Mr. Flekal had also waived his “abuse of power” claim because it was not pled in his...
2026-爆料网AT-1638, Khaleel Odat
The 爆料网AT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. 爆料网RWA/DT/2025/001.
The 爆料网AT found that the 爆料网RWA DT’s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat’s appeal was not receivable.