2013-蘑菇视频AT-286, Charles
蘑菇视频AT noted that the Appellant merely repeated arguments submitted before 蘑菇视频DT and recalled that an appellant has the burden of satisfying 蘑菇视频AT that the 蘑菇视频DT judgment was defective and must state the grounds upon which he or she relies, and that merely stating disagreement or repeating previous arguments was insufficient. 蘑菇视频AT held that Secretary-General’s reports and memoranda lacked the legal authority vested in properly promulgated administrative issuances. 蘑菇视频AT noted the relevant administrative instruction on the staff selection process (ST/AI/2010/3) was silent on the requirement for...
2013-蘑菇视频AT-282, Lauritzen
On the alleged procedural error of the 蘑菇视频DT not allowing an oral examination of witnesses, 蘑菇视频AT held that it was well within the competence of 蘑菇视频DT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; 蘑菇视频AT dismissed this ground of appeal. 蘑菇视频AT held, affirming the finding of 蘑菇视频DT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. 蘑菇视频AT found no merit in the ground of appeal that 蘑菇视频DT failed to consider that 蘑菇视频HCR...
2012-蘑菇视频AT-274, Massah
蘑菇视频AT considered an appeal by the Secretary-General. Regarding the evidence on which the disciplinary measure was based, 蘑菇视频AT held that 蘑菇视频DT had failed to appreciate the fact that the women who had been sexually exploited or abused came from a highly sensitive cultural background and were socially vulnerable. 蘑菇视频AT held that 蘑菇视频DT failed to consider the fact that the staff member, as Officer-in-Charge of Security of MINURSO, had a particular duty of care towards women and children, pursuant to Section 7 of ST/SGB/1999/13. 蘑菇视频AT held that the established facts amounted to sexual exploitation. 蘑菇视频AT...
2012-蘑菇视频AT-276, Valimaki-Erk
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that although the Secretary-General has discretion in the appointment of staff, he has no discretion to impose unwritten regulations and rules that are prejudicial to staff members. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2012-蘑菇视频AT-271, Cremades
蘑菇视频AT held that the appeal was without merit and that the request for management evaluation was filed in an untimely manner. 蘑菇视频AT held that the Appellant had failed to demonstrate that informal resolution efforts had been taken which could extend the time limit. 蘑菇视频AT noted that the Appellant had not requested such an extension of the time limit. 蘑菇视频AT held that 蘑菇视频DT had correctly decided that the request for management evaluation was not receivable as it was time-barred. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2012-蘑菇视频AT-265, Ljungdell
Regarding the allegations that 蘑菇视频DT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, 蘑菇视频AT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. 蘑菇视频AT held that 蘑菇视频DT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...
2012-蘑菇视频AT-266, Rees
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT affirmed 蘑菇视频DT’s finding of the unlawfulness of reassignment decision. 蘑菇视频AT recalled that reassignment is proper if the new post is at the staff member’s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member’s competencies and skills; and if he or she has substantial professional experience in the field. 蘑菇视频AT held that, in Ms Rees’ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. 蘑菇视频AT held...
2012-蘑菇视频AT-245, Muratore
蘑菇视频AT held that the Appellant was asking for a review of his case in order to enhance the award and that he merely repeated arguments already considered and accepted by 蘑菇视频DT, which was not the purpose of an appeal. 蘑菇视频AT held that the Appellant had not met the burden of demonstrating that the 蘑菇视频DT had erred in assessing the damages. 蘑菇视频AT held that 蘑菇视频DT did not err on a question of fact resulting in a manifestly unreasonable decision on this point. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2012-蘑菇视频AT-242, Charles
蘑菇视频AT held that the Appellant had merely repeated his submissions before JAB and 蘑菇视频DT and while voicing his disagreement with the conclusions, he did not succeed to establish any errors committed by the 蘑菇视频DT. 蘑菇视频AT held that the Appellant did not possess the relevant professional qualification. 蘑菇视频AT held that 蘑菇视频DT had not erred in affirming the JAB’s findings that the allegations of manipulation of the selection criteria were not well-founded and that the selection process was conducted in a proper manner. 蘑菇视频AT held that 蘑菇视频DT’s focus on the requirement of professional legal experience did not...
2012-蘑菇视频AT-234, Gehr
蘑菇视频AT held that 蘑菇视频DT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at 蘑菇视频ODC. 蘑菇视频AT agreed with 蘑菇视频DT that, as a result of the Secretary-General’s broad discretion in relation to decisions on internal management, the issuance of the policy by a “Message of the Day” was subject to limited review by the Tribunal. 蘑菇视频AT affirmed 蘑菇视频DT’s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...
2012-蘑菇视频AT-230, Nwuke
蘑菇视频AT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against 蘑菇视频DT Order No. 101 (NBI/2011) and judgment No. 蘑菇视频DT/2012/002. The Secretary-General asserted that 蘑菇视频DT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the 蘑菇视频DT Statute had been met. 蘑菇视频AT held that 蘑菇视频DT did not respect the limit of five working days, as set forth in Villamoran (2011-蘑菇视频AT-160), when it extended the suspension until 17 August 2011 when the...
2012-蘑菇视频AT-224, Zhouk
蘑菇视频AT held that the Appellant simply stated that he suffered harm following the decision not to reclassify his post but did not provide any evidence of harm to his career or morale. 蘑菇视频AT held that compensation may only be awarded if it has been established that the staff member actually suffered damages. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2012-蘑菇视频AT-218, Christensen
As a preliminary matter, 蘑菇视频AT denied the Appellant’s request for an oral hearing as the submissions by the parties did not require clarification. 蘑菇视频AT questioned whether her case presented exceptional circumstances that would warrant the reopening of her case by the Secretary-General, as her application was not filed in a timely manner. 蘑菇视频AT found that the appeal was not receivable as, notwithstanding her illness, she did not demonstrate such circumstances. 蘑菇视频AT dismissed the appeal and upheld the 蘑菇视频DT judgment.
2012-蘑菇视频AT-219, Sprauten
蘑菇视频AT considered the Secretary-General’s appeal regarding the compensation award of six months’ net base salary for the irregularities in the selection process. 蘑菇视频AT noted that the present case substantially differed from Kasyanov (2010-蘑菇视频AT-076), which the Secretary-General relied upon; had Mr Kasyanov been selected, it would have been a mere lateral move for him without any change in salary and status. Contrastingly, Mr Sprauten’s selection would have been a move from a temporary appointment to a fixed-term appointment. 蘑菇视频AT rejected the Secretary-General’s contention that 蘑菇视频DT erred in law...
2012-蘑菇视频AT-207, Hallal
蘑菇视频AT considered an appeal, in which the Appellant claimed that 蘑菇视频DT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. 蘑菇视频AT held that it was within the competence of 蘑菇视频DT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. 蘑菇视频AT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and...
2012-蘑菇视频AT-209, Applicant
蘑菇视频AT considered an appeal by the Secretary-General against the judgment on the merits (蘑菇视频DT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (蘑菇视频DT/2011/131). Relying on its previous holding in Bertucci (2011/蘑菇视频AT/114), 蘑菇视频AT held that 蘑菇视频DT erred in finding that the Administration violated the Applicant’s due process rights, as no actual prejudice was found. 蘑菇视频AT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...
2012-蘑菇视频AT-200, Majbri
蘑菇视频AT held that there was no valid claim of unfair treatment and discrimination by the Appellant against the former Chief of ATS and 蘑菇视频DT therefore correctly limited its consideration to the interview process. 蘑菇视频AT held that the Appellant was merely repeating arguments that were adequately considered by 蘑菇视频DT and that there were no reasons to reverse 蘑菇视频DT’s judgment. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2012-蘑菇视频AT-201, Obdeijn
The Appellant contested the 蘑菇视频DT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. 蘑菇视频AT held that if the Administration does not comply with a Tribunal’s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. 蘑菇视频AT affirmed the 蘑菇视频DT finding that the Administration’s decision must be deemed unlawful, as the Secretary-General refused to comply...
2011-蘑菇视频AT-181, Alauddin
蘑菇视频AT held that the Appellant failed to establish that the 蘑菇视频DP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, 蘑菇视频AT held that it was new evidence, for which leave was required, in order to adduce it before 蘑菇视频AT. 蘑菇视频AT did not find any exceptional circumstances existed to require it to consider the new evidence. 蘑菇视频AT held that 蘑菇视频DT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...
2011-蘑菇视频AT-173, Elasoud
蘑菇视频AT held that the 蘑菇视频DT correctly held that the recommendations did not constitute administrative decisions subject to appeal. 蘑菇视频AT held that the Appellant had not demonstrated any error in the decision by 蘑菇视频DT that his application was not receivable. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.