Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT Statute

  • Article 1.2(c)
  • Article 10. 9
  • Article 10.1
  • Article 10.2
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.8
  • Article 10.9
  • Article 11
  • Article 11.1
  • Article 11.1
  • Article 11.1
  • Article 11.2
  • Article 11.3
  • Article 11.4
  • Article 18
  • Article 18.1
  • Article 2
  • Article 2.1
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.10
  • Article 2.2
  • Article 2.2(a)
  • Article 2.3
  • Article 2.4(a)
  • Article 2.4(b)
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.8
  • Article 2.9
  • Article 2.9
  • Article 2.9(a)
  • Article 2(b)
  • Article 2(c)
  • Article 2(e)
  • Article 24
  • Article 3.2
  • Article 4
  • Article 5
  • Article 6
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 8
  • Article 8.1
  • Article 8.1(c)
  • Article 8.1(d)(i)(b)
  • Article 8.2
  • Article 8.3
  • Article 9
  • Article 9.1
  • Article 9.1(a)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.2
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.5
  • Article 9(b)
    • Showing 501 - 510 of 1006
    2015-Ä¢¹½ÊÓƵAT-516, Fiala

    Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. Ä¢¹½ÊÓƵDT/2014/007. Ä¢¹½ÊÓƵAT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala¡¯s application for an award of costs against the Secretary-General. Ä¢¹½ÊÓƵAT held that there was no error of law or fact on the part of Ä¢¹½ÊÓƵDT in deeming Ms Fiala¡¯s application receivable. Noting that the weight to be attributed to evidence was a matter for Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT held that the arguments advanced by the Secretary-General did not...

    2015-Ä¢¹½ÊÓƵAT-517, Terragnolo

    Ä¢¹½ÊÓƵAT held that there was no reason to depart from its prior analysis that the Ä¢¹½ÊÓƵJSPF was not part of the Secretariat and neither the Secretary-General nor the executive head of any other member organisation, has authority over the management of Ä¢¹½ÊÓƵJSPF or the independence of the Chief Executive Officer of Ä¢¹½ÊÓƵJSPF in the administration of its staff. Ä¢¹½ÊÓƵAT held that the Secretary-General had no power to interfere or intervene in the election of members to the Ä¢¹½ÊÓƵJSPF¡¯s staff pension committees; those elections were governed exclusively by Ä¢¹½ÊÓƵJSPF Regulations. Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵDT...

    2015-Ä¢¹½ÊÓƵAT-506, Nwuke

    Ä¢¹½ÊÓƵAT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. Ä¢¹½ÊÓƵAT held that ST/AI/2003/8 was inapplicable. Ä¢¹½ÊÓƵAT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. Ä¢¹½ÊÓƵAT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. Ä¢¹½ÊÓƵAT held that the impugned decision complied with the legal...

    2015-Ä¢¹½ÊÓƵAT-507, Porter

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. Ä¢¹½ÊÓƵAT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. Ä¢¹½ÊÓƵAT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of Ä¢¹½ÊÓƵDT, was more proper for consideration once a final judgment has been rendered by Ä¢¹½ÊÓƵDT...

    2015-Ä¢¹½ÊÓƵAT-509, Nguyen-Kropp & Postica

    Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General against three judgments (judgment Nos. Ä¢¹½ÊÓƵDT/2013/028, Ä¢¹½ÊÓƵDT/2013/029 and Ä¢¹½ÊÓƵDT/2013/076). Ä¢¹½ÊÓƵAT held that, generally speaking, appeals against a decision to initiate an investigation are not receivable as such a decision is preliminary in nature and does not, at that stage, affect the legal rights of the staff member. Ä¢¹½ÊÓƵAT held that initiating an investigation is merely a step in the investigative process and it is not an administrative decision that Ä¢¹½ÊÓƵDT is competent to review. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred on a question of law and exceeded its...

    2015-Ä¢¹½ÊÓƵAT-511, Bastet

    Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Bastet. Ä¢¹½ÊÓƵAT held that the disciplinary measure was regularly adopted by an individual properly vested with the delegated authority to make that decision and that therefore, the imposition of the disciplinary measure was valid and its rescission as ordered by Ä¢¹½ÊÓƵDT had to be vacated. Ä¢¹½ÊÓƵAT upheld the appeal from the Secretary-General, accepting the argument that Staff Rule 10. 1(c) expressly provided that the authority to impose disciplinary measures was vested in the Secretary-General or officials with delegated authority and did not...

    2015-Ä¢¹½ÊÓƵAT-499, Fedorchenko

    On the question of maintaining confidentiality, Ä¢¹½ÊÓƵAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. Ä¢¹½ÊÓƵAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member¡¯s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. Ä¢¹½ÊÓƵAT held that the specific provisions of ICAO¡¯s personnel instruction should have led to a...

    2015-Ä¢¹½ÊÓƵAT-500, Said

    Ä¢¹½ÊÓƵAT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made several errors of law when it found Ä¢¹½ÊÓƵICEF¡¯s decision not to renew Mr Said¡¯s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not accord any deference to Ä¢¹½ÊÓƵICEF¡¯s conclusion that Mr Said¡¯s performance was poor and, instead, Ä¢¹½ÊÓƵDT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made...

    2015-Ä¢¹½ÊÓƵAT-501, Andreyev

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that Ä¢¹½ÊÓƵDT erred on questions of law and fact and exceeded its competence in awarding damages. Ä¢¹½ÊÓƵAT held that the reasonable expectation of the duration of Mr Andreyev¡¯s contract was one year and reduced the award of compensation in lieu of rescission. Ä¢¹½ÊÓƵAT held that there was no evidence of harm to support the award for moral damages. Ä¢¹½ÊÓƵAT granted the Secretary-General¡¯s appeal, reduced the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission to nine months¡¯ net base salary, less...

    2015-Ä¢¹½ÊÓƵAT-497, Chaaban

    Ä¢¹½ÊÓƵAT considered two applications, one for correction and one for revision, relating to judgment No. 2013-Ä¢¹½ÊÓƵAT-363. Ä¢¹½ÊÓƵAT held that Mr Chaaban failed to show any clerical or arithmetical mistake to justify the correction of the judgment. Ä¢¹½ÊÓƵAT held that Mr Chaaban failed to identify any decisive fact unknown at the time of the judgment to warrant its revision. Ä¢¹½ÊÓƵAT dismissed both applications.