Referral for accountability | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-罌厭弝ⅰAT-310, Nasrallah

28 Mar 2013

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 罌厭弝ⅰAT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 罌厭弝ⅰAT noted that this delay worked in Mr Nasrallah＊s favour, permitting him to benefit from two years＊ further service. 罌厭弝ⅰAT...

2013-罌厭弝ⅰAT-305, Kasmani

28 Mar 2013

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT recalled that 罌厭弝ⅰAT expressly held in Mmata (judgment No. 2010-罌厭弝ⅰAT-092) that Article 10. 5 of the 罌厭弝ⅰDT Statute limited the total of all compensation to the equivalent of two years＊ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. 罌厭弝ⅰAT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment...

2014-罌厭弝ⅰAT-433-Corr.1, Hersh

27 Jun 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that 罌厭弝ⅰDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 罌厭弝ⅰAT held that 罌厭弝ⅰDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

2014-罌厭弝ⅰAT-460, Ngokeng

17 Oct 2014

罌厭弝ⅰAT considered the Secretary-General's appeal of judgment on Receivability No. 罌厭弝ⅰDT/2013/061 and of judgment on the Merits No. 罌厭弝ⅰDT/2013/101. 罌厭弝ⅰAT held that the appeal of the judgment on Receivability was timely. 罌厭弝ⅰAT found that 罌厭弝ⅰDT erred in finding that Mr Ngokeng＊s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng＊s performance appraisal. 罌厭弝ⅰAT specifically noted that the First Reporting Officer＊s comment on Mr Ngokeng＊s output did not detract from the overall satisfactory...

2014-罌厭弝ⅰAT-450, Bali

27 Jun 2014

罌厭弝ⅰAT considered the Secretary-General＊s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. 罌厭弝ⅰAT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. 罌厭弝ⅰAT also noted that Mr Bali was encouraged by the Office of Human Resources Management＊s (OHRM) advocacy and information...

2014-罌厭弝ⅰAT-443, Hunt-Matthes

27 Jun 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT 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. 罌厭弝ⅰAT held that 罌厭弝ⅰDT erred in not attaching any importance to this omission. 罌厭弝ⅰAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. 罌厭弝ⅰAT held that the Secretary-General...

2014-罌厭弝ⅰAT-433, Hersh

27 Jun 2014

2014-罌厭弝ⅰAT-410, Igbinedion

2 Apr 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that 罌厭弝ⅰDT did not act lawfully in issuing an order in direct contravention of the established 罌厭弝ⅰAT jurisprudence. However, 罌厭弝ⅰAT also held that parties before 罌厭弝ⅰDT must obey its binding decisions and that a decision by 罌厭弝ⅰDT remained legally valid until such time as 罌厭弝ⅰAT vacated it. 罌厭弝ⅰAT held that the Secretary-General＊s refusal to comply with 罌厭弝ⅰDT＊s order was vexatious. 罌厭弝ⅰAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. 罌厭弝ⅰAT upheld the appeal in part.

Accountability Referral: The 罌厭弝ⅰAT...

2014-罌厭弝ⅰAT-400, Tadonki

2 Apr 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties＊ submissions. 罌厭弝ⅰAT held that the Secretary-General had failed to persuade it that 罌厭弝ⅰDT erred on a question of fact resulting in a manifestly unreasonable decision. 罌厭弝ⅰAT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member＊s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. 罌厭弝ⅰAT...

2014-罌厭弝ⅰAT-397, Finniss

2 Apr 2014

罌厭弝ⅰAT considered an appeal by the Secretary-General. 罌厭弝ⅰAT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. 罌厭弝ⅰAT held that the test for apparent bias applied by 罌厭弝ⅰDT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. 罌厭弝ⅰAT held that 罌厭弝ⅰDT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...