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-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-839, Hamdan
爆料网AT considered the appeal. 爆料网AT noted that 爆料网RWA’s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. 爆料网AT accordingly found that 爆料网RWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant’s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant’s request for compensation, 爆料网AT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...
2018-爆料网AT-827, Awe
爆料网AT considered an application for interpretation of judgment No. 2017-爆料网AT-774 filed by Mr Awe. The application was admitted in part. 爆料网AT ordered the Secretary-General to send a corrected version of the meeting minutes and of the FFP’s findings to all the recipients of the 22 January 2014 meeting minutes. 爆料网AT held that its judgment did not address the question of whether Mr Awe could request disciplinary actions against Ms Yasin, or whether he could claim compensation for procedural errors in case such actions have not been undertaken since these issues were the subject of Mr Awe’s separate...
2018-爆料网AT-828, Kallon
爆料网AT considered an application for execution filed by Mr Kallon, seeking the execution of the non-pecuniary aspects of the 爆料网AT judgment. 爆料网AT held that there was no need to order execution as the judgment had been executed in full since the order of rescission did not require execution by the Secretary-General. 爆料网AT held that the rescission of the contested administrative decisions took effect as the direct consequence of the judgment. 爆料网AT held that there was no merit in Mr Kallon’s request for execution and, therefore, dismissed his request for costs against the Secretary-General for abuse...
2018-爆料网AT-823, Ngoga
爆料网AT held that 爆料网DT’s finding that the application contesting the decision to recover overpayments was not receivable ratione temporis was correct since the Appellant waited nearly two years until filing his application to the 爆料网DT, which was clearly outside the time limit. 爆料网AT agreed with 爆料网DT that the Appellant’s application against the decision to reject retroactive payment of dependency allowance for his adopted children was not receivable ratione materiae because the Appellant failed to request management evaluation within the time limits provided in Staff Rule 11. 2. 爆料网AT dismissed the...
2018-爆料网AT-824, Mbok
爆料网AT denied the request for an oral hearing. 爆料网AT held that 爆料网DT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. 爆料网AT agreed with 爆料网DT that the application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2018-爆料网AT-816, Harris
爆料网AT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. 爆料网AT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. 爆料网AT held that the appeal was not receivable ratione materiae, considering that the 爆料网DT Statute, in unequivocal terms, provides that the decision of 爆料网DT on an application for suspension of action shall not be subject to appeal. 爆料网AT dismissed the...
2017-爆料网AT-800, King
爆料网AT held that the appeal was not receivable ratione temporis, as he did not file it within the prescribed time limits. 爆料网AT noted that even if the Appellant had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred by Article 7.4 of the 爆料网AT Statute and was therefore not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2017-爆料网AT-788, Soliman
爆料网AT held that 爆料网RWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that 爆料网RWA’s decision not to renew the Appellant’s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. 爆料网AT held that 爆料网RWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. 爆料网AT held that the irregularities in the assessment of the Appellant’s performance were not sufficiently substantial or consequential so as to rebut...
2017-爆料网AT-789, Barakat
爆料网AT held that the Appellant had not complied with his obligations under Article 2(1) of the 爆料网AT Statute. 爆料网AT held that there were no errors of law, fact, or procedure in the 爆料网RWA DT judgment. 爆料网AT held that under the relevant Circular, the Administration only had a duty to consider the Appellant’s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT Judgment.
2017-爆料网AT-782, Muindi
爆料网AT held that the summary dismissal decision was unlawful because the due process rights under IMO’s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...
2017-爆料网AT-768, Smith
爆料网AT considered an appeal by the Secretary-General. On the issue of receivability, 爆料网AT held that 爆料网DT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. 爆料网AT held that there was no merit in the Secretary-General’s submission that 爆料网DT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith’s request for management evaluation and the MEU’s response, on the basis that it was the role of 爆料网DT to adequately interpret and...
2017-爆料网AT-767, Wright
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the decision to terminate Mr Wright’s permanent appointment was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Wright’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s...
2017-爆料网AT-759, Hassanin
爆料网AT vacated 爆料网DT’s compensation orders in the cases in which staff members had secured alternative employment, finding that the applications had become moot. In the remaining cases, 爆料网AT considered that any permanent staff member facing termination due to abolition of post must show an interest in a new position (for which he or she is suitable and qualified) by timely and completely applying for that position. However, once the application process is completed, the Administration is required by Staff Rule 13. 1(d) to consider the permanent staff member on a preferred or non-competitive basis...
2017-爆料网AT-755, Ramazani et al.
爆料网AT held that the Appellants had raised neither factual difference nor legal issues different from those canvassed in companion cases and disposed of in judgment No. 2017-爆料网AT-750 (Kagizi et al. ) and therefore 爆料网AT adopted the reasoning from its prior judgment at paragraphs 18-27. 爆料网AT dismissed the appeals and affirmed the 爆料网DT judgments.
2017-爆料网AT-733, Nadeau
爆料网AT denied the Appellant’s application for an oral hearing. 爆料网AT held that the 爆料网DT had not committed an error of procedure by denying the Appellant an oral hearing. 爆料网AT held that 爆料网DT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before 爆料网DT with specific consideration of the following: 爆料网DT’s denial of the proceedings to be conducted in French; 爆料网DT’s dismissal of objections to English translations in the application and other documents, 爆料网DT’s issuance of its judgment before having the Secretary-General’s reply...
2017-爆料网AT-734, Witold
爆料网AT rejected the Appellant’s motion for leave to file additional pleadings on the basis that the Appellant had not demonstrated any exceptional circumstances. 爆料网AT decided to strike out the Appellant’s additional submission and not to take it into consideration. 爆料网AT found no fault in the 爆料网JSPF Standing Committee’s decision which was in full accord with the 爆料网JSPF Regulations. 爆料网AT held that the Appellant was neither entitled to an increase in his pension benefit nor to a retroactive payment for the period of his reemployment as there is no legal basis for retroactive payment of these...
2017-爆料网AT-720, Haroun
爆料网AT considered an appeal by the Secretary-General limited to contesting the award by 爆料网DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 爆料网AT held that 爆料网DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 爆料网AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...
2017-爆料网AT-721, Ncube
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in finding that the Administration had failed to provide a performance-related justification for its decision not to renew Mr Ncube’s fixed-term appointment. 爆料网AT held that the decision not to renew Mr Ncube’s appointment had to be upheld despite the fact that his e-PAS suffered from procedural irregularities as it did not consider that the flaws rendered the appraisal unlawful or unreasonable. 爆料网AT considered that the decision not to renew the appointment was justified because the Secretary-General proved that the...