2023-爆料网AT-1367, Mihai Nastase
L'爆料网AT a examiné un appel interjeté par le fonctionnaire. L'爆料网AT a estimé que le fonctionnaire s'était contenté de formuler des affirmations générales non étayées selon lesquelles il possédait les compétences et l'expérience requises pour conserver son poste. Le TANU a estimé que, comme l'avait estimé à juste titre le Tribunal, le fonctionnaire n'avait pas réussi à réfuter la présomption de régularité qui découlait de la simple démonstration d'un fondement rationnel à la décision. L'爆料网AT a constaté que le dossier confirmait qu'il y avait eu une véritable restructuration qui avait conduit au...
2023-爆料网AT-1361, AAO
L'爆料网AT a estimé que le jugement du Tribunal était problématique parce que les conclusions du Tribunal semblaient être entièrement fondées sur des preuves par ou?-dire, c'est-à-dire les conclusions du rapport d'enquête du BSCI. L'爆料网AT a observé que le jugement du Tribunal n'a pas expliqué les éléments de preuve sur lesquels reposait sa conclusion selon laquelle le harcèlement sexuel était hautement probable, et n'a formulé aucune conclusion explicite ou précise concernant les témoignages présentés sous serment à l'audience. L’incapacité du Tribunal à tirer des conclusions sur les témoignages qu...
2022-爆料网AT-1274, Cevat Ozturk
The 爆料网AT held that it was satisfied that execution of the 爆料网DT Judgment (as affirmed by the 爆料网AT) had occurred in Mr. Ozturk’s case. The Administration had complied with the 爆料网AT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.
The 爆料网AT observed that Mr. Ozturk appeared only to disagree with the “refund calculation” by the Administration for prior overpayments. However, the 爆料网AT noted that implementation by the Administration of a Tribunal’s order constitutes in itself an...
2022-爆料网AT-1306, Gautam Mukhopadhyay
爆料网AT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. 爆料网AT thus granted the Secretary-General's appeal and reversed the Second Judgment.
爆料网AT found not receivable Mr. Mukhopadhyay’s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. 爆料网AT found that he had made these claims for the first time on appeal and was...
2022-爆料网AT-1305, Gudrun Fosse
The Secretary-General filed an appeal.
爆料网AT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS’s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse’s insistence on working only...
2022-爆料网AT-1299, Hiba Mohamad Abou Salah
The Commissioner-General appealed.
The 爆料网AT held that insofar as the Agency's decision of 25 April 2019 rejecting the request for an SPOA might not have been unequivocal, that decision was reiterated in the e-mail of 17 June 2019 leaving no doubt that the Agency had decided then to pay Ms. Abou Salah an SPOA of 15 per cent rather than 25 per cent, possibly in breach of her contract. The fact that other persons subsequently sought to intervene on her behalf did not change that.
The 爆料网AT found that Ms. Abou Salah’s subsequent correspondence, as well as correspondence written on her behalf...
2022-爆料网AT-1297, Eman Abed & Osama Abed
The 爆料网AT considered an appeal by the 爆料网RWA staff members. The 爆料网AT held that the 爆料网RWA DT was incorrect in finding that the reminder letters were not reprimands for the purposes of Appellants being able to challenge the letters’ placement in their official status files. This was because such a reminder could not be considered a neutral action, but rather a warning of any possible disregard of the Agency’s regulatory framework. The 爆料网AT found that to the eyes of an average person, such a reminder is undeniably akin to a reprimand.
The 爆料网AT agreed with the Appellants that there is no 爆料网RWA...
2022-爆料网AT-1296, Deema Jarallah
爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT Judgment. 爆料网AT held that the 爆料网RWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.
爆料网AT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency. An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...
2022-爆料网AT-1272, Sahar Darweesh Hanjoury
The 爆料网AT held that the 爆料网DT correctly found that Ms. Hanjoury was informed on 1 March 2020 that she no longer had FS-5 Administrative Assistant Roster status. This 1 March 2020 email was clear notification of her roster status and the latest date that Ms. Hanjoury knew or reasonably should have known of the challenged decision, based on objective elements that both parties could accurately determine. As a result, Ms. Hanjoury’s request for management evaluation on 6 June 2021 was beyond the 60-day deadline and therefore her application to the 爆料网DT was not receivable ratione materiae.
The...
2022-爆料网AT-1270, Moayyad Naeem Dahoud
The 爆料网AT considered an appeal by Mr. Dahoud.
The 爆料网AT held that the 爆料网RWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.
The 爆料网AT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit. Nor does this medical...
2022-爆料网AT-1287, Yussuf Ahmed Hassan
M. Hassan a fait appel du jugement du Tribunal.
L'爆料网AT a estimé que l'appelant n'avait pas démontré que le Tribunal avait commis une erreur en concluant que sa requête n'était pas recevable ratione personae. L'爆料网AT a conclu qu'au moment de la décision de non-sélection contestée, le requérant avait cessé ses fonctions depuis plus d'un an et n'était plus membre du personnel. Il s'agissait d'un candidat externe qui n'avait pas qualité pour contester la décision de ne pas le sélectionner pour le nouveau poste d'associé à la réinstallation, dans la mesure où la décision n'affectait pas ses anciens...
2022-爆料网AT-1287, Yussuf Ahmed Hassan
Mr. Hassan appealed the 爆料网DT judgment.
The 爆料网AT held that the Appellant failed to demonstrate that the 爆料网DT erred in finding that his application was not receivable ratione personae. 爆料网AT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...
2022-爆料网AT-1252, Alejandro Izurieta Canova
Oral hearing: Mr. Izurieta Canova applied in terms of Article 18(1) of the Rules of Procedure of the 爆料网AT for an oral hearing to be held in this case. As this is a straightforward matter, not attended by any factual or legal complexity, 爆料网AT did not consider that a hearing would assist in the expeditious and fair disposal of the case. For that reason, the application for an oral hearing was refused.
The question on appeal was whether the impugned recruitment cancellation decision by the Secretary-General of 爆料网CTAD was a lawful and reasonable exercise of discretion?
The motive for the...
2022-爆料网AT-1242, Ezzedine Loubani
爆料网AT considered an appeal by Mr. Loubani. 爆料网AT held that while a preliminary assessment [regarding potential evidence by witnesses nominated by Mr. Loubani to be interviewed] should have been made by the investigators, this was done by 爆料网RWA DT, and the evidence found to be so inadequate as to be safely ignored.
Mr. Loubani had an opportunity to present this evidence before 爆料网RWA DT, so that its proper assessment meant that his due process right was allowed, albeit belatedly. It would have made no difference to the outcome had the investigators done so. The investigators would have reached...
2022-爆料网AT-1240, Ayesha Al Rifai
The 爆料网AT noted that the simple issue arising in this appeal was whether it was appropriate and correct for the judge to have proceeded with the application for review of the contested decisions while the motion for recusal was pending. The 爆料网AT held that the straightforward answer is that it was not.
An application for recusal can be brought at any time in the proceedings and is usually a difficult strategic choice for the party making the challenge. Such an application is made, typically, at the moment the party loses confidence in the judge. Its timing will depend on the circumstances. The...
2022-爆料网AT-1239, Hassan Saleh
爆料网AT held that Mr. Saleh’s complaints of procedural unfairness were unsustainable for the reasons stated by the 爆料网DT and he had not discharged the burden incumbent upon him to satisfy the Appeals Tribunal that the 爆料网DT Judgment was defective in that regard. He merely repeated the untenable submissions he made before the 爆料网DT.
爆料网AT took note that Mr. Saleh admitted to two counts of fraud. 爆料网AT then held that Mr. Saleh’s conduct unquestionably damaged the trust relationship and the 爆料网DT was correct to defer to the reasonable conclusion of the Administration that the damage was irreparable and...
2022-爆料网AT-1227, Ade Mamonyane Beatrice Lekotje
The Secretary-General appealed the 爆料网DT Judgment.
The 爆料网AT found that the 爆料网DT failed to address OAI’s investigation report, the acceptance of which led to Ms. Lekoetje’s severance from service. The investigation report was an important evidential element which should have been, but was not, examined and analyzed by the Dispute Tribunal. The 爆料网DT was wrong to have dismissed the allegations of misconduct against Ms. Lekoetje without considering the investigation report’s evidence of them.
Because of the intertwined natures of the two relationships between 爆料网DP and Ms. Lekoetje (landlord...
2022-爆料网AT-1212, Lillian Ular
爆料网AT agreed with the 爆料网DT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, 爆料网AT agreed that the application on this question was not receivable.
However, in regards to the finding that the Administration abused its authority in mishandling the Appellant’s sexual harassment complaint, 爆料网AT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the 爆料网DT made no ruling on this...
2022-爆料网AT-1202, Elmira Banaj
爆料网AT considered an appeal by Ms. Banaj against Judgment No. 爆料网DT/2021/030.
爆料网AT held that a reallocation of duties pending the outcome of an investigation as occurred in Ms. Banaj’s case is permissible as an interim measure in such circumstances, but not as the exercise of the general power of assignments available to the Secretary-General in Staff Regulation 1.2(c) […] But, under Staff Rule 10.4 and the Framework relating to interim measures pending an investigation and disciplinary process, there is an alternative measure of reallocation of duties available in such cases where the...
2022-爆料网AT-1200, Elizabeth Dettori
The crucial question on appeal was whether the 爆料网DT committed any error when it only referred for accountability the Chief of Investigations of OIAI but not the ED and other staff members of 爆料网ICEF. The 爆料网AT held that there was no error in the 爆料网DT judgment, because it was within the Dispute Tribunal’s discretion to reject the applicant’s request for referral. The 爆料网DT’s legal approach was correct. The 爆料网DT decided not to refer the ED of 爆料网ICEF for accountability because it was not shown that she had had any influence in the handling of applicant’s complaint. Ms. Dettori also did not show on...