2019-爆料网AT-957, Spinardi
爆料网AT was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the 爆料网AT Statute. 爆料网AT held that, even if the SAB issuance was a decision, it was only advisory or recommendatory. 爆料网AT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer’s representative and the original decision-maker. 爆料网AT held that it was the Secretary-General of IMO, who was not neutral in the first instance process, who took the final decision. 爆料网AT...
2019-爆料网AT-954, Ademagic et al
As a preliminary matter, 爆料网AT declined the Appellants’ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants’ argument that 爆料网AT had erred previously in establishing the criteria in permanent appointment conversion cases, 爆料网AT noted that they were effectively requesting a revision of two previous 爆料网AT judgments and held that they were time-barred from doing so. 爆料网AT held that the criteria in permanent appointment conversion cases, as previously...
2019-爆料网AT-951, Allen
爆料网AT held that 爆料网DT did not err that, in the circumstances of the complaints made and the importance of the Appellant’s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. 爆料网AT held that 爆料网DT ought not to have relied upon Morsy (judgment No. 2013-爆料网AT-298), Assale (judgment No. 2015-爆料网AT-534), and Sarwar (judgment No. 2017-爆料网AT-757) as it did. 爆料网AT noted that in the Appellant’s case, not only was there a performance-related justification required to be established but no proper...