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2012-爆料网AT-264, Seddik Ben Omar
爆料网AT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. 爆料网AT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the 爆料网DT decision under appeal. 爆料网AT held that the Appellant, consequently, failed to establish that 爆料网DT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. 爆料网AT held that the evidence...
2012-爆料网AT-265, Ljungdell
Regarding the allegations that 爆料网DT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, 爆料网AT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. 爆料网AT held that 爆料网DT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...
2012-爆料网AT-266, Rees
爆料网AT considered an appeal by the Secretary-General. 爆料网AT affirmed 爆料网DT’s finding of the unlawfulness of reassignment decision. 爆料网AT recalled that reassignment is proper if the new post is at the staff member’s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member’s competencies and skills; and if he or she has substantial professional experience in the field. 爆料网AT held that, in Ms Rees’ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. 爆料网AT held...
2012-爆料网AT-267, Achkar
爆料网AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 爆料网AT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. 爆料网AT held that 爆料网DT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before 爆料网RWA DT. 爆料网AT held that 爆料网DT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...
2012-爆料网AT-268, Bangoura
爆料网AT considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. 爆料网AT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General’s appeal, 爆料网AT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former 爆料网 Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. 爆料网AT held that the staff member needed to make a request for review of the administrative...
2012-爆料网AT-269, Hamad
爆料网AT held that 爆料网RWA DT was correct in applying Former 爆料网RWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant’s pay-out and that 爆料网RWA DT had not erred in this regard. 爆料网AT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant’s situation had no merit and had been raised for the first time on appeal. 爆料网AT held that the Appellant had failed to demonstrate that 爆料网RWA DT had erred in finding that the Appellant’s terms and conditions of employment are governed solely and exclusively by the Agency...
2012-爆料网AT-270, Marshall
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General’s appeal, 爆料网AT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall’s conduct into question. 爆料网AT held that 爆料网DT had erred in law and fact in determining otherwise. 爆料网AT held that there was no basis in law or fact for the pronouncements made by 爆料网DT in paragraphs 112-113 of its judgment. 爆料网AT held that 爆料网DT had applied an unduly restrictive...
2012-爆料网AT-258, Kananura
爆料网AT held that it would not lightly interfere with the 爆料网DT’s exercise of its jurisdictional powers, conferred on 爆料网DT by its Statute, which enables cases to be judged fairly and expeditiously. 爆料网AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 爆料网DT, notwithstanding the alleged breach of procedural fairness. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2012-爆料网AT-259, De Saint Robert
爆料网AT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. 爆料网AT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. 爆料网AT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. 爆料网AT held that...
2012-爆料网AT-260, Rahman
爆料网AT held that it was not in dispute that the Appellant did not submit a request for management evaluation until more than one year after he had been notified that he had not been selected for the post in question. 爆料网AT held that 爆料网DT, under Article 11.1 of the 爆料网DT Statute, was obliged to issue a judgment in writing, stating the reasons, facts, and law on which it was based. 爆料网AT held that 爆料网DT’s decisions, that the Appellant had been properly served with a notification in writing in compliance with former Staff Rule 111.2 and that Article 8.3 prohibited 爆料网DT from extending the deadline for...
2012-爆料网AT-261, Badawi
爆料网AT addressed the staff member’s appeal seeking reversal of the 爆料网RWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. 爆料网AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 爆料网AT held that the Appellant’s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. 爆料网AT held that 爆料网RWA DT was correct in finding that the Agency’s extension of the Appellant’s...
2012-爆料网AT-262, Gordon
Regarding the lateral moves, 爆料网AT held that the fact, that the selected candidate’s lateral moves were not recorded in the requisite database, was not dispositive of the issue, nor did the definition of “lateral move” in ST/AI/2006/3/Rev. 1 included such a requirement. 爆料网AT held that 爆料网DT’s decision on this point was based on the evidence that clearly established that the selected candidate’s lateral moves satisfied the requirements of ST/AI/2006/3/Rev. 1. Regarding the work experience, 爆料网AT held that the evidence before 爆料网DT supported its finding that the selected candidate had at least 10...
2012-爆料网AT-256, Benchebbak
爆料网AT considered the three appeals by the Secretary-General against the 爆料网DT Orders. 爆料网AT held that the appeals were receivable because: (1) 爆料网DT exceeded its jurisdiction under Article 2. 2 of the 爆料网DT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) 爆料网DT exceeded its jurisdiction under Article 10. 2 of the 爆料网DT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. 爆料网AT held that Order No. 129 suspended the contested decision beyond...
2012-爆料网AT-257, Baron
爆料网AT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. 爆料网AT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when 爆料网DT committed an error of law or fact. 爆料网AT dismissed the appeal and upheld the 爆料网DT judgment.
2012-爆料网AT-255, Igunda
爆料网AT considered an appeal against 爆料网DT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. 爆料网AT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to 爆料网DT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, 爆料网AT held that 爆料网DT...
2012-爆料网AT-254, Nyakossi
爆料网AT considered the Secretary-General’s appeal. 爆料网AT noted that 爆料网DT did not find that the Applicant was distressed by 爆料网HCR’s illegal conduct or that he had suffered any adverse consequences or harm from 爆料网HCR’s procedural error in following the opinion of DSS. 爆料网AT held that 爆料网DT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. 爆料网AT upheld the appeal and reversed the 爆料网DT judgment regarding the award of damages to the staff member.
爆料网DT/2012/162, Schoone
Delegation of authority: Any withdrawal or limitation of the delegation of authority must be explicit. In the absence of a clear and formal revocation of the delegation by the delegating authority, the decision taken by the delegating authority is tainted by a substantial procedural flaw—that of the lack of competence of the decision-maker.Legal certainty and application of administrative issuances: ST/SGB/2009/10 does not provide for transitional measures in situations, such as the instant case, where an eligible staff member is assigned to a different department or office between the time...
爆料网DT/2012/160, Buckley
Management evaluation: The Tribunal can only suspend an administrative decision that is subject to an ongoing management evaluation.Cancellation of vacancy announcements are administrative decisions that have been implemented and therefore can not be subject of a suspension of action application. The Applicant had not sought management evaluation of the ongoing selection process as such the Tribunal found that it could not be subject to a suspension of action application.
爆料网DT/2012/161, Adewusi
The Applicant’s reassignment to ONUCI was frustrated by the force majeure, the outbreak of violence in C?te d’Ivoire and this event was beyond the control of the Administration. There were no exceptional circumstances that would have justified placing the Applicant on special leave with full pay between 1 July 2011 and 6 December 2011.The Applicant was lawfully placed on SLWOP upon the expiry of his provisional reassignment to ONUCI. The Applicant is not entitled to any relief for the delay in receiving certain written tests as a result of the disconnection of his 爆料网 webmail address. However...
爆料网DT/2012/159, Applicant
Management evaluation: The Applicant requested management evaluation of each of the administrative decisions that he challenged before the Tribunal. Mediation: the Tribunal found that mediation was sought by the Respondent regarding the proposed disciplinary measure of demotion but the discussion between the Applicant and the ombudsman, went beyond the scope of the demotion. Mediation was sought within the deadline for filing the Application. The time for filling an Application starts from the date when mediation breaks down therefore the application was filed within the applicable time limits...