2024-爆料网AT-1474, Erdinch Lutfiev
Le Tribunal d'appel a estimé que la décision de l'Administration de ne pas enquêter davantage sur les allégations de M. Lutfiev à l'encontre de son ancien chef de cabinet était justifiée, étant donné que ce dernier n'était plus membre du personnel de l'爆料网RWA.
En outre, le Tribunal d'appel a estimé que la décision du Tribunal disciplinaire de l'爆料网RWA annulant la cessation de service de M. Lutfiev avait été prise à tort. Le Tribunal du contentieux a appliqué une méthodologie erronée à l'examen des motifs de la cessation de service de M. Lutfiev et n'a pas procédé à ce que l'on appelle l'examen...
2025-爆料网AT-1602, Hatim Mahmoud Sobier
The 爆料网AT held that the 爆料网DT erred in finding the staff member’s challenge to the non?installation of dependents receivable because the request for management evaluation was filed outside the mandatory 60?day deadline under Staff Rule 11.2(c). The 爆料网AT found that Article 8(3) of the 爆料网DT Statute prohibits waiving or suspending this deadline and that the 爆料网DT acted beyond its jurisdiction by deciding that the Administration had waived the timeliness argument.
The 爆料网AT further held that the 爆料网DT did not err in concluding that the denial of the optional reduced non?family service allowance was...
2025-爆料网AT-1599, Faten Hatem Al Dawoud
The 爆料网AT held that the appeal was timely, as Article 11(5) of the 爆料网RWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.
On the merits, the 爆料网AT found that the 爆料网RWA DT correctly identified the Agency’s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the 爆料网AT...
2025-爆料网AT-1598, Ishtiaq Aslam
The 爆料网AT held that the 爆料网DT correctly determined that the former staff member’s claims for compensation under Appendix D based on 爆料网AMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The 爆料网AT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.
The 爆料网AT further held that the 爆料网DT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The 爆料网AT found that both elements of the Appendix D claim were premature and should have been declared...
2025-爆料网AT-1597, Janet Efrati
The 爆料网AT held that the 爆料网DT erred in dismissing both applications as not receivable. Regarding the first application, 爆料网AT found that the Settlement Agreement encompassed all disciplinary sanctions imposed on 9 December 2022, including the deferment of eligibility for salary increment. Therefore, the 爆料网DT was wrong to conclude that the deferment was outside the scope of the Agreement and that the Agreement had been fully implemented. The application for enforcement was properly receivable.
As to the second application, 爆料网AT held that the Administration’s interpretation of the Settlement...
2025-爆料网AT-1605, Joseph Brown
Le T爆料网AT a estimé que le TUDN avait commis une erreur en concluant que les actes du fonctionnaire ne constituaient pas une faute professionnelle. Le T爆料网AT a conclu qu'il avait été établi, à la lumière des preuves, que le fonctionnaire avait refusé de coopérer à une enquête menée par le Bureau des services de contr?le interne (BSCI) concernant un autre fonctionnaire faisant l'objet d'une enquête pour avoir fourni de fausses informations sur son lieu de résidence.
Il a estimé que le fonctionnaire avait délibérément dissimulé des informations et fourni des réponses génériques, vagues et trompeuses...
2025-爆料网AT-1593, Sheldon Heron Carter
L'爆料网AT a estimé que la décision de maintenir la note de performance ? C – Répond partiellement aux attentes ? attribuée au fonctionnaire constituait une décision administrative susceptible de recours ayant un effet juridique direct sur son emploi. Elle a fait remarquer que, dans le cadre juridique applicable, une note ? Répond partiellement aux attentes ? justifie la décision de ne pas accorder d'augmentation salariale et que celle-ci doit être suspendue dans l'attente des résultats d'un PIP. Le T爆料网AT a considéré que ces conséquences constituaient des effets défavorables résultant directement...
2025-爆料网AT-1589, Ufuoma Choice Okoro
L'爆料网AT a estimé que la contestation par l'ancienne fonctionnaire de la décision de l'ALWP et de la décision de New York n'était pas recevable, car elle n'avait pas demandé à la direction d'évaluer ces décisions.
En ce qui concerne la mesure disciplinaire, le T爆料网I a déterminé que ses déclarations et ses publications sur les réseaux sociaux constituaient des activités extérieures non autorisées équivalant à une faute professionnelle. Il a noté qu'elle avait publié des déclarations, des articles et donné des interviews sans autorisation préalable, malgré des avertissements répétés. Il a estimé que...
2025-爆料网AT-1583, Martin Akerman
L'爆料网AT a estimé que l'爆料网DT n'avait pas commis d'erreur en concluant que la demande de l'ancien fonctionnaire n'était pas recevable ratione materiae car il n'avait pas tenté de résoudre le litige par l'intermédiaire du Bureau du Médiateur des Fonds et programmes des Nations Unies, comme l'exigeait explicitement l'accord de règlement qu'il avait expressément accepté. Le T爆料网U a estimé que les termes de l'accord de règlement restaient contraignants et exécutoires pour les parties, et que le TNDU n'avait commis aucune erreur en obligeant les parties à respecter ces termes.
Le T爆料网O a en outre estimé...
2025-爆料网AT-1610, Ashok Kumar Nigam
The 爆料网AT held that the 爆料网DT did not err in concluding that the contested decision by the OAI to close the staff member’s complaint was lawful. The 爆料网AT found that the Administration acted reasonably in determining that the allegations lacked sufficient evidence to warrant an investigation and that the assessment process complied with 爆料网DP’s legal framework.
The 爆料网AT further held that the 爆料网DT correctly rejected the staff member’s procedural arguments, including claims of bias and denial of witness testimony. The 爆料网AT emphasized that the proposed witnesses could not have altered the established...
2024-爆料网AT-1503-Corr.1, Amjad Issa
The 爆料网AT held that the 爆料网RWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months’ non-payment of his salary. However, the 爆料网AT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months’ non-payment was timely, rendering his application partially receivable.
The 爆料网AT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...
2024-爆料网AT-1502, AAZ
The 爆料网AT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.
The 爆料网AT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the 爆料网DT would have impacted the decision of the case.
The 爆料网AT found that the staff member had not received a wrong performance rating and that the 爆料网DT had not misrepresented or failed to give...
2024-爆料网AT-1498, Houria Kembouche
The 爆料网AT held that the 爆料网DT did not err in finding that the former staff member’s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.
The 爆料网AT also determined that the 爆料网DT did not err in awarding the former staff member compensation in lieu of two years’ net base salary. In this regard, the 爆料网AT emphasized that the 爆料网DT correctly considered the fact that the former staff member’s permanent appointment included a specific undertaking stating that she could only be terminated due to an...
2024-爆料网AT-1474, Erdinch Lutfiev
The Appeals Tribunal found that the Administration’s decision not to investigate further Mr. Lutfiev’s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an 爆料网RWA staff member.
Furthermore, the Appeals Tribunal was satisfied that the 爆料网RWA DT’s decision rescinding Mr. Lutfiev’s separation from service was decided erroneously. The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev’s separation from service and failed to undertake what is known as the four-pronged...
2024-爆料网AT-1469, Parmosivea Soobrayan
The 爆料网AT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the 爆料网DT with respect to two of nine instances of alleged misconduct by the former staff member. The 爆料网AT further acknowledged that the Secretary-General’s contention was that the 爆料网DT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.
Nonetheless, the 爆料网AT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...
2024-爆料网AT-1451, Cevat Ozturk
The 爆料网AT held that the administrative decision concerning reimbursements to the staff member took effect in law on 7 May 2019, when he received the wire transfer from the Organization. The reasons for this reimbursement amount were discussed with him shortly before the wire transfer was made. Although explanations of the underlying calculations were repeated in subsequent email exchanges with the staff member, those repetitions were not additional or new administrative decisions that were open to challenge by the staff member, thereby resetting the statute of limitations.
The 爆料网AT found that...
2025-爆料网AT-1612, Jean Daniel Ondo Mvondo
The 爆料网AT held that the staff member’s application was not receivable, as he did not file a timely request for management evaluation of the contested decision.
The 爆料网AT observed that the staff member was notified of the contested decision on 9 November 2023. Accordingly, he had until 8 January 2024 to file his request for management evaluation, but instead filed it on 12 August 2024, more than 270 days after being notified of the contested decision. It further found that, even assuming that he was notified of the contested decision in February 2024, his request was still submitted well...
2024-爆料网AT-1427-Corr.1, AAS
The 爆料网AT held that the Inspector General’s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The 爆料网AT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.
The 爆料网AT held...
2025-爆料网AT-1605, Joseph Brown
The 爆料网AT held that the 爆料网DT erred in concluding that the staff member’s actions did not constitute misconduct. The 爆料网AT found that it had been established, by a preponderance of the evidence, that the staff member had failed to cooperate with an investigation conducted by the Office of Internal Oversight Services (OIOS), which concerned another staff member under investigation for misrepresenting his place of accommodation.
It found that the staff member had deliberately withheld information and provided generic, vague, and misleading responses during his initial OIOS interview regarding the...
2025-爆料网AT-1593, Sheldon Heron Carter
The 爆料网AT determined that the decision to maintain the staff member’s performance rating “C – Partially meets expectations” constituted a reviewable administrative decision that had direct legal effect on his employment. It observed that under the applicable legal framework, a rating of “Partially meets expectations” justifies a determination that a salary increment is not warranted, and that the increment shall be withheld pending the outcome of a PIP. The 爆料网AT considered these consequences to be disadvantageous effects resulting directly from the rating.
The 爆料网AT also concluded that the...