2016-蘑菇视频AT-665, Hamdan
蘑菇视频AT considered whether 蘑菇视频RWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant’s application was flawed by procedural irregularities. 蘑菇视频AT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before 蘑菇视频RWA DT. The Appellant’s decision to sign the contract was binding on him as there was no evidence of duress. 蘑菇视频AT dismissed the appeal and affirmed 蘑菇视频RWA DT’s judgment.
2016-蘑菇视频AT-652, Nikolarakis
蘑菇视频AT addressed the Secretary-General’s appeal. 蘑菇视频AT agreed with the Secretary-General that 蘑菇视频DT erred on a question of law in substituting its own decision for that of the Administration regarding how the selection process should have been conducted. 蘑菇视频AT held that 蘑菇视频DT had improperly relied on “logic” to insert a step into the assessment process that was not required under the staff selection system established under the Staff Regulations and Rules. 蘑菇视频AT held that 蘑菇视频DT had clearly erred on a matter of law and had exceeded its competence by deciding that the DSS/SSS management lacked...
2016-蘑菇视频AT-642, Savadogo
蘑菇视频AT rejected the Appellant’s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. 蘑菇视频AT stressed that it was not the task of the JAB or 蘑菇视频AT to conduct a fresh investigation. 蘑菇视频AT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the 蘑菇视频AT RoP and no...
2016-蘑菇视频AT-627, El Rush
蘑菇视频AT rejected the request for an oral hearing and the production of documents since there was no need for further clarification. 蘑菇视频AT held that the Appellant’s contentions regarding the application of the Palestinian Labour Law No. 7 (2000) and the 蘑菇视频RWA DT’s error in calculating the time limits were misconceived. 蘑菇视频AT held that, regarding the procedure and timeline involved in challenging administrative decisions, former 蘑菇视频WRA Area Staff Rule 111. 3, which was in effect at the material time when the Appellant’s contract as a teacher was terminated, was applicable. 蘑菇视频AT agreed with the...
2016-蘑菇视频AT-628, Taneja et al.
蘑菇视频AT found that 蘑菇视频DT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. 蘑菇视频AT held that 蘑菇视频DT could not have converted sua sponte the Appellants’ request for more time into applications. 蘑菇视频AT held that 蘑菇视频DT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. 蘑菇视频AT vacated the 蘑菇视频DT judgment and...
2016-蘑菇视频AT-622, Aly et al.
蘑菇视频AT affirmed 蘑菇视频DT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, 蘑菇视频AT reversed 蘑菇视频DT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...
2016-蘑菇视频AT-614, Roberts
蘑菇视频AT considered the appeal by the Secretary-General challenging the compensation for moral damages. 蘑菇视频AT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. 蘑菇视频AT held that the payment of the compensation constituted an acceptance of the Secretary-General of the 蘑菇视频DT judgment. 蘑菇视频AT held that the appeal was, therefore, moot. 蘑菇视频AT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. 蘑菇视频AT held that although the Secretary-General’s appeal had no merit, it...
2016-蘑菇视频AT-615, Ejaz, Elizabeth, Cherian and Cone
蘑菇视频AT rejected the request for an oral hearing finding that there was no need for further evidence. 蘑菇视频AT held that 蘑菇视频DT had erred in law and procedure when it did not consider the Appellant’s peculiar circumstances by remanding their case to the NYGSCAC for reconsideration. 蘑菇视频AT held that it was impossible for the Appellant’s job descriptions to be finalized, since not only the Appellants Ejaz and Elizabeth, but also their supervisors, have all retired from the Organisation, while the Appellants Cherian and Cone have passed away. 蘑菇视频AT held that the case was similar to the related case disposed...
2015-蘑菇视频AT-600, James
蘑菇视频AT affirmed 蘑菇视频DT’s finding that the staff member’s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the 蘑菇视频DT Statute and Staff Rule 11.2(a). 蘑菇视频AT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...
2015-蘑菇视频AT-587, Faraj
蘑菇视频AT had before it an appeal by the staff member limited to the award of compensation. 蘑菇视频AT noted that 蘑菇视频RWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. 蘑菇视频AT held that there was no error in this regard. 蘑菇视频AT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, 蘑菇视频RWA DT was conscious of the Appellant’s claims for loss of opportunity. 蘑菇视频AT held that, in view of...
2015-蘑菇视频AT-590, Applicant
蘑菇视频AT had before it the Secretary-General’s appeal against judgment Nos. 蘑菇视频DT/2013/004 (judgment on receivability) and 蘑菇视频DT/2013/128 (judgment on the merits). 蘑菇视频AT held that there was no reason to upset the 蘑菇视频DT’s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. 蘑菇视频AT held, affirming 蘑菇视频DT’s finding, that the Applicant’s application was receivable by 蘑菇视频DT. Noting that the Applicant commenced employment with 蘑菇视频ICEF less than three months after her separation and with no reduction in level or step from her previous role, 蘑菇视频AT...
2015-蘑菇视频AT-584, Gebremariam
蘑菇视频AT refused the Appellant’s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to 蘑菇视频DT. 蘑菇视频AT held that 蘑菇视频DT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. 蘑菇视频AT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his 蘑菇视频DT application, and by corollary should then have removed the written reprimand and all reference to it...
2015-蘑菇视频AT-571, Weerasooriya
蘑菇视频AT held that the 蘑菇视频DT’s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the 蘑菇视频FPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to 蘑菇视频FPA. 蘑菇视频AT rejected 蘑菇视频DT’s finding that the timing of the decision to terminate the Appellant’s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. 蘑菇视频AT held that it would be unreasonable to require the Administration to restart the termination...
2015-蘑菇视频AT-570, Hajdari
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. 蘑菇视频AT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. 蘑菇视频AT held that Mr Hajdari never challenged his separation from service from 蘑菇视频MIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. 蘑菇视频AT held that Mr Hajdari’s...
2015-蘑菇视频AT-562, Birya
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. 蘑菇视频AT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. 蘑菇视频AT held that 蘑菇视频DT’s conclusion that the application was receivable was without legal basis as was its award of compensation. 蘑菇视频AT held that...
2015-蘑菇视频AT-555, Pedicelli
蘑菇视频AT held that the Secretary-General was duty-bound to implement decisions by the ICSC as directed by the General Assembly and that for the most part, such decisions are of general application and therefore not reviewable. 蘑菇视频AT held, however, that where a decision of general application negatively affects the terms of appointment of a staff member, such decision shall be treated as an “administrative decision” within the scope of Article 2. 1 of the 蘑菇视频DT Statute. Based on the staff member’s Personnel Action Forms, before and after implementation of the ICSC’s renumbering exercise, 蘑菇视频AT held...
2015-蘑菇视频AT-557, Kazazi
As a preliminary matter, 蘑菇视频AT denied the Appellant’s application for confidentiality. 蘑菇视频AT rejected the Appellant’s contention that the Senior Human Resources Officer did not have the appropriate authority to take the contested decision and that such power lay only with the Director of Administration. 蘑菇视频AT held, in agreement with 蘑菇视频DT, that the e-mail from the Senior Human Resources Officer conveyed a clear and definite administrative decision with direct legal consequences for the Appellant. 蘑菇视频AT held, in agreement with 蘑菇视频DT, that the subsequent response from the Director of Administration...
2015-蘑菇视频AT-547, Staedtler
蘑菇视频AT held that the Appellant’s argument that 蘑菇视频DT exceeded its competence and committed an error in procedure, subjecting the parties to disparate treatment, lacked merit. 蘑菇视频AT held that the Appellant failed to demonstrate what document or related facts he would have submitted that would have affected the outcome of the case if he had been given more time. Recalling the broad discretion of 蘑菇视频DT to determine admissibility and weighing of evidence, 蘑菇视频AT held that there was no merit in the Appellant’s submission that 蘑菇视频DT erred in law and fact when it failed to draw the necessary inference from...
2015-蘑菇视频AT-541, Hasan
The Appellant appealed the 蘑菇视频RWA DT judgment failure to consider several points and to address compensation. 蘑菇视频AT held that the Appellant did not identify any of the requisite grounds in his appeal. 蘑菇视频AT held that it would not allow new claims to be raised on appeal when the circumstances giving rise to such claims were known to a party at the time and should have been presented to 蘑菇视频RWA DT. 蘑菇视频AT upheld the 蘑菇视频RWA DT’s decision not to award compensation on the basis that there was no evidence in support of the Appellant’s claim of psychological suffering. 蘑菇视频AT held that the Appellant’s case was...
2015-蘑菇视频AT-527, Dhanjee
蘑菇视频AT upheld the Secretary-General’s claim that the Hiring Manager more than minimally demonstrated that she gave the Appellant’s candidature full and fair consideration. 蘑菇视频AT held that 蘑菇视频DT properly applied the standard of judicial review to determine whether the Hiring Manager’s decision that the Appellant was not among the most qualified for the post was reasonable. 蘑菇视频AT held there was no reason to reverse the findings of 蘑菇视频DT. 蘑菇视频AT noted that the Appellant merely repeated the arguments he made before 蘑菇视频DT and expressed his disagreement with the findings of the Hiring Manager. 蘑菇视频AT held that...