爆料网

Judge Colgan

Judge Colgan

Showing 361 - 380 of 383
2021-爆料网AT-1096, Emile Abdel Rahman Dabbour

爆料网AT held that 爆料网RWA DT erred in law or in failing to take into account in that calculation the probable length of Mr Dabbour’s tenure in that role which was known to have been of a fixed duration of three years. 爆料网AT held that, although the 爆料网RWA DT in Mr Dabbour’s case had recorded its conclusions on some of these considerations, it did not do so at all in respect of others making it difficult, if not impossible, to ascertain objectively how it reached the apparently modest figure of compensation in lieu of recission of USD 1,000. 爆料网AT held that there was nothing to indicate why 爆料网RWA DT did...

2021-爆料网AT-1090, Marius Mihail Russo-Got

爆料网AT held that 爆料网DT correctly concluded that Mr Russo-Got’s application against the abolition of his post was not receivable, as he had failed to make a request for management evaluation within time. 爆料网AT held that 爆料网DT also correctly dismissed his application against the non-renewal of his FTA because he had received notice of the date of the non-renewal, there was no express promise to renew, and 爆料网OPS was not obliged to find him an alternative post.

2021-爆料网AT-1087, Ories

Regarding Contested Decision #1, 爆料网AT agreed with 爆料网DT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, 爆料网AT also agreed with 爆料网DT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, 爆料网AT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, 爆料网AT observed that there was no evidence that the staff member ought to have been appointed to the post in...

2021-爆料网AT-1088, Geegbae

The Secretary-General appealed arguing that the Organization had no obligation to make all reasonable efforts to place the staff member in available suitable posts, as he only had an FTA and that such obligation was meant only for those who had continuing or permanent appointments. 爆料网AT disagreed and found that staff members should be “retained” in an order of priority favouring, first, those with continuing appointments; second, holders of FTAs of more than two years’ duration who were recruited competitively; and third and finally, other FTA holders. In the instant case, 爆料网AT found because...

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-996, Oglesby

爆料网AT considered an application for revision of judgment No. 2019-爆料网AT-914 from Mr Oglesby. 爆料网AT held that Mr Oglesby failed to establish the required grounds for a revision of judgment, namely the discovery of a decisive fact that was, at the time the judgment was rendered, unknown to 爆料网AT and the party applying for revision. 爆料网AT noted that it had concluded in the impugned judgment that it was unable to apply the 爆料网 Charter or the UDHR directly, or strike down clear 爆料网JSPF Regulations. 爆料网AT opined that it was within the combined powers of the 爆料网JSPF, the Secretary-General and the General...

2020-爆料网AT-989, Lamb

爆料网AT considered an appeal by the Secretary-General. The Secretary-General raised the argument, inter alia, that Ms Lamb’s retroactive appointment was disrupted when she resigned and separated and, therefore, she had no contractual relationship with the Organisation obliging it to place her preferentially in vacant posts as someone holding a permanent appointment. 爆料网AT held that 爆料网DT concluded correctly that (1) Ms Lamb’s employment ended in mid-2013 by her own initiative and (2) there was nothing in the documentation relating to Ms Lamb’s resignation to support her assertion that it was...

2020-爆料网AT-1059, Bezziccheri

爆料网AT considered an application for revision of judgment No. 2019-爆料网AT-948 by Ms Bezziccheri. 爆料网AT considered Ms Bezziccheri’s claim that ST/AI/2019/1 was unknown to her and 爆料网AT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of 爆料网AT can be revised, 爆料网AT held that the fact that ST/AI/2019/1 was known to 爆料网AT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, 爆料网AT noted that ST/AI/2019/1 was not determinative of Ms...

2020-爆料网AT-1060, Abu Rabei

爆料网AT considered that the 1994 and 2018 requests made by the Appellant to change his date of birth were essentially the same requests. 爆料网AT recalled that the reiteration of an original administrative decision if repeatedly questioned, does not reset the clock with respect to the statutory timeline. 爆料网AT held that the statutory period during which the Appellant had to file a challenge to the 1994 decision expired in 1997. 爆料网AT held that 爆料网RWA DT did not err in dismissing the application. On consideration of the Respondent’s claim to award costs, 爆料网AT was not satisfied that the pursuit of the...

2020-爆料网AT-1055, Zaqqout

爆料网AT held that all of the Appellant’s grounds of appeal failed, except for his challenge to the 爆料网RWA decision not to renew or extend the Appellant’s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant’s non-renewal or final extension, 爆料网AT held that there was no error in 爆料网RWA DT’s reasoning and that 爆料网RWA was justified in deciding not to renew or extend his employment, noting that 爆料网RWA faced a massive financial shortfall...

2020-爆料网AT-1057, Nsengiyumva

On the Appellant’s claim that the 爆料网DT Judge was biased, 爆料网AT held that the Appellant’s specific allegations were not made out and any missteps in the conduct of the hearing did not warrant interference with the result. On the Appellant’s claim that his supervisor harassed him to the extent that his actions were mitigated substantially, 爆料网AT held that even if the Appellant established that there was a dysfunctional relationship between him and his supervisor, this could not have had the effect of mitigating his actions significantly, such were the scale and duration of his misconduct. 爆料网AT...

2020-爆料网AT-1045, Nicholas

爆料网AT held that the appeal was receivable on the basis that the Appellant was not challenging the new scheme for education grant introduced by the General Assembly, but rather the manner in which it was implemented in her specific case and the way in which the Secretary-General interpreted General Assembly Resolution 70/244. 爆料网AT held that 爆料网DT did not err in deciding that the Appellant did not have an acquired right to all of the previous education benefits she had enjoyed. On the question of the Appellant’s access to a discretionary consideration of her claims on exceptional grounds, 爆料网AT...

2020-爆料网AT-1043, Loose

The Secretary-General appealed the 爆料网DT judgment as it related to the non-renewal decision only. 爆料网AT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. 爆料网AT found nothing objectionable with the 爆料网DT’s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. 爆料网AT held that 爆料网DT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the 爆料网 body which had engaged Ms Loose at the time of the separation was still...

2020-爆料网AT-1035, Gelsei

爆料网AT held that exceptional circumstances existed which warranted an extension of time. 爆料网AT held that 爆料网DT’s discretion should have been exercised in the Appellant’s favour because it affected access to justice and there is a presumption that access to justice should not be denied at the outset without compelling reasons, which were absent. 爆料网AT held that circumstances beyond the Appellant’s control prevented him from acting to file his appeal within the time limit and it would be unjust to visit upon the Appellant the consequences of an error (a fail in the electronic filing system) for which...

2020-爆料网AT-1036, Mansour

爆料网AT held that 爆料网RWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. 爆料网AT held that 爆料网RWA DT erred in declining the Appellant’s implicit request for a hearing in person, at least without having considered it and given reasons. 爆料网AT held that the termination of the Appellant’s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. 爆料网AT held that any opportunity of the Appellant’s appointment to that vacancy had therefore passed, irrespective of her...

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-1026, Diallo

爆料网AT considered an application revision of judgment No. 2019-爆料网AT-936 by Mr Diallo. 爆料网AT held that Mr Diallo failed to establish the statutory conditions that had to be fulfilled before a judgment could be revised, namely there was no discovery of a decisive fact which was, at the time the judgment was rendered, unknown to 爆料网AT and to him. 爆料网AT held that an application for revision of a judgment that does not meet the statutory prerequisites cannot be a collateral means of attack on the judgment or allowed to be the second right of final appeal. 爆料网AT dismissed the application for revision.

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-1012, Heftberger

爆料网AT denied the request for an oral hearing, finding it would not assist in the expeditious and fair disposal of the case. 爆料网AT held, recalling the Spinardi jurisprudence (judgment No. 2019-爆料网AT-957), that the decision on the Appellant’s complaints was not made utilizing a neutral first instance process as required jurisdictionally by Article 2. 10 of the 爆料网AT Statute. 爆料网AT noted that the appealed decision was made by the ICAO Secretary-General whose own earlier decision(s) the Appellant had challenged. 爆料网AT allowed the appeal and set aside the ICAO Secretary-General’s and/or the AJAB’s...