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2015-爆料网AT-604, Ocokoru
The issue for determination by 爆料网AT was whether the relevant date for the filing of the Secretary-General’s appeal ran from the date on which the ALS received the 爆料网DT judgment in its capacity as counsel of record for the Secretary-General before 爆料网DT or the date on which the judgment was received by the OLA, the Secretary-General’s counsel of record before 爆料网AT. 爆料网AT held that in the absence of any published 爆料网DT rule or practice direction which decreed that transmission of 爆料网DT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the...
2015-爆料网AT-605, Hosang
爆料网AT considered an appeal by the Secretary-General. On the award of costs, 爆料网AT held that the calling of a witness in good faith and with the reasonable aim to bolster the views of the Administration did not constitute an abuse of process warranting the award of legal costs and granted the appeal on that point. 爆料网AT dismissed the Secretary-General’s appeal of the award of prospective compensation of the monetary equivalent of the Special Post Allowance for an uncertain duration. 爆料网AT found no merit in the Secretary-General’s appeal against the award of compensation for loss of opportunity...
2015-爆料网AT-592, Matadi et al
爆料网AT considered an appeal by the Secretary-General. 爆料网AT accepted the Secretary-General’s position that 爆料网MIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the 爆料网MIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. 爆料网AT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. 爆料网AT held that the change in the composition of the...
2015-爆料网AT-601, Karseboom
爆料网AT considered an appeal by the Secretary-General. 爆料网AT found merit in the Secretary-General’s submission that 爆料网DT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...
2015-爆料网AT-580, Kalil
爆料网AT considered an appeal against Order No. 057 (爆料网RWA/DT/2014) and judgment No. 爆料网RWA/DT/2014/027. 爆料网AT rejected the Appellant’s request for confidentiality and for the redaction of his name from the 爆料网RWA DT judgment and affirmed 爆料网RWA DT’s reasoning. 爆料网AT denied the Appellant’s request to submit new evidence to 爆料网AT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. 爆料网AT held that it was for 爆料网RWA DT to consider that it...
2015-爆料网AT-581, Selim
爆料网AT held that the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. 爆料网AT held that 爆料网DT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. 爆料网AT held that 爆料网DT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...
2015-爆料网AT-582, Kacan
爆料网AT held that 爆料网DT’s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. 爆料网AT held that 爆料网DT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that 爆料网DT was unable to find any such evidence, 爆料网AT held that the Appellant’s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. 爆料网AT held that it was satisfied that 爆料网DT’s...
2015-爆料网AT-600, James
爆料网AT affirmed 爆料网DT’s finding that the staff member’s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the 爆料网DT Statute and Staff Rule 11.2(a). 爆料网AT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...
2015-爆料网AT-583, Lee
On the Appellant’s claim that 爆料网DT erred in failing to hold an oral hearing, 爆料网AT held that 爆料网DT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. 爆料网AT held that 爆料网DT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...
2015-爆料网AT-584, Gebremariam
爆料网AT refused the Appellant’s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to 爆料网DT. 爆料网AT held that 爆料网DT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. 爆料网AT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his 爆料网DT application, and by corollary should then have removed the written reprimand and all reference to it...
2015-爆料网AT-586, Alobwede
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. 爆料网AT held that 爆料网DT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. 爆料网AT held that the adverse effect on Mr Alobwede was not supported by evidence. 爆料网AT held that the ICTR Registrar’s decision was lawful, and 爆料网DT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. 爆料网AT held that 爆料网DT erred in the level of award. 爆料网AT held that the Secretary...
2015-爆料网AT-587, Faraj
爆料网AT had before it an appeal by the staff member limited to the award of compensation. 爆料网AT noted that 爆料网RWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. 爆料网AT held that there was no error in this regard. 爆料网AT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, 爆料网RWA DT was conscious of the Appellant’s claims for loss of opportunity. 爆料网AT held that, in view of...
2015-爆料网AT-588, Awan
爆料网AT held that it could find no fault with the 爆料网DT’s conclusion that the application was not receivable ratione materiae, which accorded with 爆料网AT’s jurisprudence. 爆料网AT held that, since that ground was sufficient to affirm the 爆料网DT judgment and to dismiss the appeal, there was no need for it to determine whether the application before 爆料网DT challenged a specific implied administrative decision on the part of 爆料网ICEF or whether the Appellant was merely making general complaints about 爆料网ICEF’s failure to protect him. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2015-爆料网AT-589, Salem
爆料网AT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. 爆料网AT held that the procedural errors did not amount to an abuse of power. 爆料网AT held that absent an abuse of power, the compensation for moral damages had to be vacated. 爆料网AT granted the appeal, rejected the cross-appeal, and vacated the 爆料网RWA DT judgment in its entirety.
2015-爆料网AT-590, Applicant
爆料网AT had before it the Secretary-General’s appeal against judgment Nos. 爆料网DT/2013/004 (judgment on receivability) and 爆料网DT/2013/128 (judgment on the merits). 爆料网AT held that there was no reason to upset the 爆料网DT’s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. 爆料网AT held, affirming 爆料网DT’s finding, that the Applicant’s application was receivable by 爆料网DT. Noting that the Applicant commenced employment with 爆料网ICEF less than three months after her separation and with no reduction in level or step from her previous role, 爆料网AT...
2015-爆料网AT-569, Pio
爆料网AT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), 爆料网JSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. 爆料网AT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. 爆料网AT held that it was satisfied that such a decision was a proper...
2015-爆料网AT-570, Hajdari
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. 爆料网AT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. 爆料网AT held that Mr Hajdari never challenged his separation from service from 爆料网MIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. 爆料网AT held that Mr Hajdari’s...
2015-爆料网AT-571, Weerasooriya
爆料网AT held that the 爆料网DT’s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the 爆料网FPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to 爆料网FPA. 爆料网AT rejected 爆料网DT’s finding that the timing of the decision to terminate the Appellant’s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. 爆料网AT held that it would be unreasonable to require the Administration to restart the termination...
2015-爆料网AT-572, Ivanov
爆料网AT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and 爆料网AT, therefore, upheld the findings of 爆料网DT on this point. On compensation, 爆料网AT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. 爆料网AT held that the Administration’s offer of USD 1,000 was...
2015-爆料网AT-574, Couquet
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in concluding that the staff member’s eligibility for ASHI should be determined based on the date of her recruitment to the ICTY in October 2006 instead of her appointment to 爆料网AKRT in October 2009. 爆料网AT noted that, under Staff Rule 4. 17, the date of recruitment that is relevant for determining the terms of appointment of a former staff member who receives a new appointment after separating from the Organisation is the date of the new appointment. In the staff member’s case, her new appointment with 爆料网AKRT was a re...