Ä¢¹½ÊÓƵ

Article 19

  • Article 10
  • Article 10.1
  • Article 10.5(b)
  • Article 11
  • Article 11.2
  • Article 11.2(a)
  • Article 11.2(c)
  • Article 12
  • Article 12.1
  • Article 13
  • Article 13.1
  • Article 13.2
  • Article 13.3
  • Article 13.4
  • Article 14
  • Article 14.1
  • Article 14.4
  • Article 15
  • Article 15.1
  • Article 15.13
  • Article 15.2
  • Article 15.3
  • Article 15.4
  • Article 15.5
  • Article 15.6
  • Article 15.7
  • Article 16
  • Article 16.1
  • Article 16.2
  • Article 16.3
  • Article 16.6
  • Article 17
  • Article 17.1
  • Article 17.2
  • Article 17.3
  • Article 17.5
  • Article 17.6
  • Article 17.6
  • Article 18
  • Article 18.1
  • Article 18.2
  • Article 18.3
  • Article 18.4
  • Article 18.5
  • Article 19
  • Article 19.1
  • Article 2
  • Article 2.1(a)
  • Article 20
  • Article 21
  • Article 22
  • Article 24
  • Article 24.1
  • Article 24.2
  • Article 24.3
  • Article 25
  • Article 26
  • Article 26.2
  • Article 27
  • Article 27.1
  • Article 27.2
  • Article 27.2(c)
  • Article 28
  • Article 28.2
  • Article 29
  • Article 29.1
  • Article 29.2
  • Article 30
  • Article 31
  • Article 31.1
  • Article 32
  • Article 32.2
  • Article 34
  • Article 34(a)
  • Article 34(b)
  • Article 35
  • Article 36
  • Article 36.1
  • Article 4.7
  • Article 5.2
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
  • Article 7.1(b)
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 7.6
  • Article 7(a)
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(c)
  • Article 8.2(e)
  • Article 8.2(g)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 8(d)(i)
  • Article 9
    • Showing 21 - 30 of 93
    2011-Ä¢¹½ÊÓƵAT-160, Villamoran

    The Secretary-General appealed the Ä¢¹½ÊÓƵDT order. Ä¢¹½ÊÓƵAT held that, where the implementation of an administrative decision is imminent, through no fault or delay on the part of the staff member, and takes place before the five days provided for under Article 13 of Ä¢¹½ÊÓƵDT RoP have elapsed, and where Ä¢¹½ÊÓƵDT is not in a position to make a decision under Article 2. 2 of the Ä¢¹½ÊÓƵDT Statute, i. e. because it requires further information or time to reflect on the matter, it must have the discretion to grant a suspension of action for these five days. To find otherwise would render Article 2. 2 of the Ä¢¹½ÊÓƵDT...

    2012-Ä¢¹½ÊÓƵAT-275, Cooke

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had interpreted Articles 19 and 35 of the Ä¢¹½ÊÓƵDT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the Ä¢¹½ÊÓƵDT...

    2012-Ä¢¹½ÊÓƵAT-257, Baron

    Ä¢¹½ÊÓƵAT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. Ä¢¹½ÊÓƵAT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when Ä¢¹½ÊÓƵDT committed an error of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT judgment.

    2012-Ä¢¹½ÊÓƵAT-235, Wilson

    To the extent that the Ä¢¹½ÊÓƵDT¡¯s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, Ä¢¹½ÊÓƵAT upheld the Order. In every other regard, Ä¢¹½ÊÓƵAT upheld the arguments made by the Appellant as to the manner in which Ä¢¹½ÊÓƵDT granted the withdrawal request. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant¡¯s motivation in bringing his application. Ä¢¹½ÊÓƵAT ordered that the recital of ¡°Facts¡± in paragraphs 4 to 7 and ¡°Considerations¡± in...

    2013-Ä¢¹½ÊÓƵAT-354, Lebouef et al.

    Ä¢¹½ÊÓƵAT considered an application for interpretation of judgment No. 2011-Ä¢¹½ÊÓƵAT-185. Ä¢¹½ÊÓƵAT held that the issues raised by the Applicants had already been addressed by Ä¢¹½ÊÓƵDT in its Case Management Order. Ä¢¹½ÊÓƵAT held that the Case Management Order was within the jurisdiction of Ä¢¹½ÊÓƵDT, so there was no justification for any interference by this Tribunal. Ä¢¹½ÊÓƵAT held that the application for interpretation would lead to such interference and therefore could not be admitted. Ä¢¹½ÊÓƵAT rejected the application for interpretation.

    2013-Ä¢¹½ÊÓƵAT-329, Perez-Soto

    Noting the broad discretion of Ä¢¹½ÊÓƵDT with respect to case management, Ä¢¹½ÊÓƵAT held that there was no merit in the contention that Ä¢¹½ÊÓƵDT erred on a matter of procedure either by not affording the Appellant a second case management hearing or by not sanctioning the Secretary-General for his failure to submit documents. On the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT failed to exercise the jurisdiction vested in it by not addressing his right to a current job classification and the closing of his ¡°evaluative past, including the issue of his performance appraisal¡±, Ä¢¹½ÊÓƵAT noted that these matters had been...

    2014-Ä¢¹½ÊÓƵAT-471, Landgraf

    The Appellant requested that the Ä¢¹½ÊÓƵDT judgment be set aside and that the case be remanded to Ä¢¹½ÊÓƵDT for a hearing de novo before a different judge. Ä¢¹½ÊÓƵAT agreed with the Appellant¡¯s submission that the relevant statute or rules of procedure do not prohibit an applicant from providing testimony and serving as a witness in their own case. Ä¢¹½ÊÓƵAT noted that, while Ä¢¹½ÊÓƵDT was required to administer the declaration prescribed in Article 17(3) of the Ä¢¹½ÊÓƵDT RoP, Ä¢¹½ÊÓƵDT¡¯s failure to do so was not an error serious enough so as to affect the decision of the case. Conversely, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT¡¯s refusal to...

    2014-Ä¢¹½ÊÓƵAT-443, Hunt-Matthes

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member¡¯s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey¡¯s summary of evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching any importance to this omission. Ä¢¹½ÊÓƵAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. Ä¢¹½ÊÓƵAT held that the Secretary-General...

    2014-Ä¢¹½ÊÓƵAT-422, Khisa

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed a substantial error in procedure in not granting due process of law to the Administration. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should not have issued a default ¡°Summary judgment¡± on the merits of the case. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the Ä¢¹½ÊÓƵDT judgment. The case was remanded to another Ä¢¹½ÊÓƵDT Judge to be tried on its merits after both parties have had the opportunity to make...

    2015-Ä¢¹½ÊÓƵAT-597, Wu

    Ä¢¹½ÊÓƵAT considered the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT erred in procedure in the following ways: firstly, by denying his request to call a specific witness; secondly, by making allegedly conclusory remarks at the oral hearing; and, thirdly, by refusing to admit further evidence on discrimination and retaliation committed against him in 2014. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit any error of procedure so as to affect the outcome of the present case. Ä¢¹½ÊÓƵAT noted that case management issues, including the question of whether to call a certain person to testify, remain within the discretion of Ä¢¹½ÊÓƵDT and do...