Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵDT Statute

  • Article 1
  • Article 10
  • Article 10.2
  • Article 10.3
  • Article 10.4
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.7
  • Article 10.8
  • Article 10.9
  • Article 105
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.2(c)
  • Article 11.3
  • Article 11.4
  • Article 11.5
  • Article 11.6
  • Article 12
  • Article 12.1
  • Article 12.2
  • Article 12.3
  • Article 12.4
  • Article 12.5
  • Article 15.7
  • Article 18.2
  • Article 18.3
  • Article 19
  • Article 2
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.2
  • Article 2.3
  • Article 2.4
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.7(b)
  • Article 2.8
  • Article 2(a)
  • Article 2(b)
  • Article 3
  • Article 3.1
  • Article 3.1(a)
  • Article 3.1(b)
  • Article 3.1(c)
  • Article 32
  • Article 4.2
  • Article 4.5
  • Article 4.9
  • Article 6
  • Article 7
  • Article 7.1
  • Article 7.2
  • Article 7.2(e)
  • Article 7.2(h)
  • Article 7.2(i)
  • Article 7.5
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.1(a)
  • Article 8.1(a)
  • Article 8.1(b)
  • Article 8.1(b)(ii)
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(i)
  • Article 8.1(d)(i)¨C(iv)
  • Article 8.1(d)(i)(a)
  • Article 8.1(d)(i)(b)
  • Article 8.1(d)(ii)
  • Article 8.1(d)(iii)
  • Article 8.1(d)(iv)
  • Article 8.1(i)
  • Article 8.1(i)(b)
  • Article 8.1(ii)
  • Article 8.1(ii)(c)
  • Article 8.2
  • Article 8.2(b)
  • Article 8.2(d)(i)
  • Article 8.3
  • Article 8.3(a)
  • Article 8.4
  • Article 8.5
  • Article 8.6
  • Article 8(a)
  • Article 8(c)
  • Article 8(d)(i)
  • Article 8(d)(ii)
  • Article 9
  • Article 9.1
  • Article 9.1
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.4
  • Article 9.4
    • Showing 341 - 350 of 1867
    2010-Ä¢¹½ÊÓƵAT-095, Antaki

    Ä¢¹½ÊÓƵAT considered the appeal by the Secretary-General on the compensation awarded. Ä¢¹½ÊÓƵAT considered the cross-appeal by Ms Antaki, regarding Ä¢¹½ÊÓƵDT¡¯s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-Ä¢¹½ÊÓƵAT-096). Ä¢¹½ÊÓƵAT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded Ä¢¹½ÊÓƵDT from awarding any compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights...

    2010-Ä¢¹½ÊÓƵAT-090, Umpleby

    Ä¢¹½ÊÓƵAT held that the appeal was filed after the deadline for filing appeals had passed and therefore the appeal was not receivable. Ä¢¹½ÊÓƵAT held that the needless forwarding of an English copy of the Judgment to the applicant for her information did not constitute an exceptional case that would justify the extension of the deadline, considering the previous unambiguous communication of the original version of the Judgment in French. Ä¢¹½ÊÓƵAT dismissed the appeal.

    2010-Ä¢¹½ÊÓƵAT-092, Mmata

    Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT award of compensation for loss of earnings for seven months from the date of the staff member¡¯s separation from service to the date of the Ä¢¹½ÊÓƵDT judgment (as an alternative to the order for reinstatement of the staff member) plus an additional amount of two years¡¯ net base salary. The Secretary-General maintained that, while the total of these amounts exceeded the compensation limit of two years¡¯ net base salary, Ä¢¹½ÊÓƵDT did not particularize any reasons to justify an increased award under Article 10.5(b) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that Article 10.5(b) does not require a...

    2010-Ä¢¹½ÊÓƵAT-100, Abboud

    Ä¢¹½ÊÓƵAT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. Ä¢¹½ÊÓƵAT rescinded the Ä¢¹½ÊÓƵDT¡¯s judgment to the extent that it awarded damages to Mr Abboud.

    2010-Ä¢¹½ÊÓƵAT-099, Nwuke

    Ä¢¹½ÊÓƵAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. Ä¢¹½ÊÓƵAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

    2010-Ä¢¹½ÊÓƵAT-055, Hijaz

    Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s decision on an Appellant¡¯s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the Ä¢¹½ÊÓƵAT Statute, since no appeal had yet been filed. Ä¢¹½ÊÓƵAT held, therefore, that Ä¢¹½ÊÓƵDT¡¯s decision on the Appellant¡¯s request of extension could not be appealed. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

    2010-Ä¢¹½ÊÓƵAT-058, Andati-Amwayi

    Ä¢¹½ÊÓƵAT considered whether the impugned decision was a contestable administrative decision. Ä¢¹½ÊÓƵAT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. Ä¢¹½ÊÓƵAT held that the requirement for Ä¢¹½ÊÓƵ Office at Nairobi (Ä¢¹½ÊÓƵON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation¡¯s staff medical insurance plan. Ä¢¹½ÊÓƵAT held that this requirement was of general...

    2010-Ä¢¹½ÊÓƵAT-059, Warren

    The Secretary-General claimed that Ä¢¹½ÊÓƵDT had no power to award interest. Ä¢¹½ÊÓƵAT found that both Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT have the power to award interest in the normal course of ordering compensation. The very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organisation complied with its statutory obligations. In many cases, interest will be by definition part of compensation. To say that the tribunals have no jurisdiction to order the payment of interest would, in many cases, mean that the staff member could not be placed in the same position...

    2010-Ä¢¹½ÊÓƵAT-052, Ardisson

    Ä¢¹½ÊÓƵAT held that the appeal was not filed untimely and was, therefore, receivable. Ä¢¹½ÊÓƵAT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, Ä¢¹½ÊÓƵDT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. Ä¢¹½ÊÓƵAT held, concerning the conclusion that compensation should be paid for moral damages...

    2010-Ä¢¹½ÊÓƵAT-050, Ishak

    In judgment No. 2010-Ä¢¹½ÊÓƵAT-050, Ä¢¹½ÊÓƵAT held that the appeal was time-barred and not receivable since it was not filed within 45 calendar days of receipt of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that it had no jurisdiction to receive the Appellant¡¯s appeal before the JAB. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment. In judgment No. 2010-Ä¢¹½ÊÓƵAT-050/Corr. 1, Ä¢¹½ÊÓƵAT noted that the Appellant was granted an extension of time to file an appeal to 16 February 2010 and he filed his appeal on that date. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s submission that the appeal was...