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2015-爆料网AT-575, Gomez

爆料网AT held that the staff member’s retirement benefit from the 爆料网JSPF including the monthly periodic pension benefit was not subject to taxation and/or payment of statutory deductions and that therefore, any challenge with respect to the application and meaning of the words “gross” and “net” was merely semantic. 爆料网AT held that the ASHI premium was a voluntary payment that was deducted by the 爆料网JSPF at the behest of a beneficiary and therefore could not be treated as or deemed to be a statutory deduction. 爆料网AT dismissed the appeal.

2015-爆料网AT-576, Harrich

爆料网AT held that a staff member cannot extend the statutory deadline to appeal by filing post-judgment motions. 爆料网AT noted that to hold otherwise would allow the parties to set their own deadlines for appeal of a 爆料网DT judgment and undermine the mandatory nature of the statutory deadline in Article 7.1(c) of the 爆料网AT Statute. 爆料网AT dismissed the appeal as time-barred.

2015-爆料网AT-577, Staedler

Noting that 爆料网DT concluded that the Office of Staff Legal Assistance (OSLA) had provided the Appellant with legal assistance and that its refusal to provide legal representation was reasoned, appropriate, and did not breach any lawful obligations of OSLA, 爆料网AT held that 爆料网DT did not err in law or fact or exceed its competence in reaching this conclusion. 爆料网AT found no fault with 爆料网DT’s rejection of the Appellant’s contention that OSLA had no discretionary authority. 爆料网AT held that 爆料网DT did not err in law or fact or exceed its competence in finding that the reasons for OSLA’s decision were...

2015-爆料网AT-578, Staedtler

爆料网AT held that 爆料网DT was correct to reject the Appellant’s application and held that the appeal had no merit. 爆料网AT held that ,for various reasons, 爆料网DT erred in not finding that the whole of the application was not receivable ratione materiae. 爆料网AT held that the Office of Internal Oversight Services did not decide the question of whether an investigation ought to be conducted, but rather passed it into the hands of 爆料网-Habitat. 爆料网AT held that this preliminary step of referral was not, of itself, capable of producing direct legal consequences affecting the Appellant’s terms of conditions of...

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-579, Achkar

爆料网AT held that the Appellant failed to identify the grounds for his appeal and thus, the appeal was defective. 爆料网AT inferred that the Appellant claimed 爆料网RWA DT failed to exercise its jurisdiction. 爆料网AT held that the legal conclusion of 爆料网DT that the application before it was not receivable was unassailable. 爆料网AT held that 爆料网RWA DT did not err when it did not discuss whether the case was an exceptional case for extending, waiving, or suspending the deadline for the filing of the application. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

2015-爆料网AT-573, Walden

爆料网AT considered a request for revision of judgment No. 2014-爆料网AT-436 as well as a motion requesting that 爆料网AT strike certain paragraphs from it. 爆料网AT held that the request did not fulfil the statutory requirements and constituted, in fact, a disguised attempt to re-open the case. 爆料网AT held that his application was not receivable. 爆料网AT dismissed the application for revision.

爆料网DT/2015/101, Onifade

The Tribunal concluded that: the investigation was carried out in accordance with the correct procedures; the facts were established by clear and convincing evidence; the facts established amounted to misconduct under the staff regulations and rules and that the sanction imposed was not excessive. Due process and procedural fairness: The Tribunal rejected the Applicant’s submission that the investigation into his actions should not have been commenced because there was no evidence of harm to the Organization. Pursuant to ST/AI/371/Amend.1, once there is reason to believe that a staff member...

爆料网DT/2015/100, Elhabil

Receivability - At the time of the contested decision, the Applicant was a staff member of 爆料网RWA. This entity does not fall under the jurisdiction of the 爆料网DT nor does the Applicant fulfil the requirements of arts. 2.1(a) and 3 of the Statute of the 爆料网DT. He therefore has no locus standi to challenge a decision of the Respondent before this Tribunal..

爆料网DT/2015/099, Awe

The Tribunal found the Applicant's reassignment was a proper exercise of the Secretary-General's discretion and dismissed the application. Reassignment of the Applicant: The Tribunal found that the relocation of the Applicant to Kuwait was prompted by administrative and humanitarian reasons based on space constraints in 爆料网AMI in order to accommodate more humanitarian staff who were dealing with the influx of refugees from Syria. Accordingly, the Tribunal concluded that the Secretary-General's exercise of discretion was not tainted by any improper motives. Payment of DSA, hardship and mobility...

爆料网DT/2015/095, Andreev

The 爆料网DT found no impropriety in connection with the successful candidate’s lateral moves. The 爆料网DT found that whether or not the successful candidate had two lateral moves was not determinative in this case as the Applicant was not recommended for the post for reasons unconnected to the successful candidate’s eligibility. The application was dismissed.

爆料网DT/2015/094, Torkornoo

Consolidation of applications: The Tribunal concluded that consolidation would not have any effect on the parties’ rights as the two applications are virtually identical and each party will have the opportunity to have its case fully considered both as to receivability and on the merits albeit in one judgment. Receivability of the classification decision: Noting that Fuentes 爆料网DT-2010-064 and Fuentes 2011-爆料网AT-105 confirm that a failure to decide an appeal against classification of a post encumbered by the Applicant is an administrative decision which may be subject to review by the Tribunal...

爆料网DT/2015/093, Kashala

The Tribunal found that the facts on which the sanction was based had not been established and the facts that were established did not legally amount to misconduct. Consequently, the Tribunal concluded that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore a violation of his rights. Witness statements: The Tribunal concluded that the witness statements without averments of truthfulness could not constitute clear and convincing evidence that the Applicant solicited and obtained money from the five complainants in return for their recruitment as casual daily...

爆料网DT/2015/092, Syrja

The Respondent asserted that the Application is not receivable because the Applicant was required to request management evaluation since the contested decision was not taken pursuant to the advice of a technical body under staff rule 11.2(b). The Tribunal found the Application to be receivable. 爆料网CB as a technical body: The Tribunal concluded that an earlier determination from MEU to another staff member regarding the status of 爆料网CB (Determination A) represents the decision of the Secretary-General that 爆料网CB is a technical body for the purpose of staff rule 11.2(b) until or unless it is...

爆料网DT/2015/091, Al-Badri

Abolishment of the Applicant’s post: The Tribunal concluded that the Applicant’s post in Jordan was indeed abolished and that the abolition was part of a genuine organizational restructuring. The Tribunal also concluded that the Administration acted fairly, justly and transparently in dealing with its staff members when they had to move back to Baghdad. The Applicant was provided with sufficient and written notice of the Respondent’s restructuring strategy.