蘑菇视频

Judge Chapman

Judge Chapman

Showing 121 - 140 of 170
2015-蘑菇视频AT-566, Terragnolo

蘑菇视频AT held that 蘑菇视频DT did not make an error of law in concluding that the Appellant’s application was not receivable ratione materiae. 蘑菇视频AT held that 蘑菇视频DT correctly concluded that there was no implied administrative decision to challenge at the time the Appellant filed his judicial review application and that his application was also not receivable on that basis. 蘑菇视频AT found no errors of fact or law by 蘑菇视频DT in awarding costs against the Appellant. 蘑菇视频AT held that the Appellant was well-aware of his obligation to comply with Staff Rule 11.2(a), yet he: (a) intentionally failed to seek management...

2015-蘑菇视频AT-560, Staedtler

蘑菇视频AT considered an interlocutory appeal against Order No. 116 and Order No. 126 by Mr Staedler. Regarding Order No. 116, Mr Staedler requested that the Order be rescinded, that Order No. 078 (NBI/2014) be reinstated, and that the Secretary-General’s reply be stricken as untimely. Regarding Order No. 126, Mr Staedler requested that the portion of the Order admonishing him be rescinded and that the Order not be published in its present form. On Mr Staedler’s contention that 蘑菇视频AT should receive the appeal because it was an exceptional case in which 蘑菇视频DT exceeded its jurisdiction or competence...

2015-蘑菇视频AT-544, Nartey

蘑菇视频AT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. 蘑菇视频AT held that 蘑菇视频DT made an error of law when it found the decision to deny Mr Nartey’s request to grant him a lien on his post was an abuse of authority. 蘑菇视频AT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. 蘑菇视频AT held that 蘑菇视频DT made an error of law when it concluded that the impugned decision was retaliatory. 蘑菇视频AT held that 蘑菇视频DT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. 蘑菇视频AT...

2015-蘑菇视频AT-540, Aliko

On the basis that the Appellant did not raise claims under the 蘑菇视频AT Statute, reargued the claims he presented to 蘑菇视频DT and failed to explain how 蘑菇视频DT erred in deciding his claims, 蘑菇视频AT dismissed the appeal. 蘑菇视频AT held that 蘑菇视频DT did not make any errors of law or fact in denying the Appellant’s application and concluding that the selection process was correctly followed, the candidate was fully and fairly considered and there was no bias or procedural flaw. 蘑菇视频AT held that 蘑菇视频DT properly refused to address the Appellant’s various claims of harassment on the ground that he failed to establish proof...

2015-蘑菇视频AT-534, Assale

蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT made an error of law when it applied 蘑菇视频ICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. 蘑菇视频AT held that 蘑菇视频DT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. 蘑菇视频AT held that 蘑菇视频DT’s conclusion that the non-renewal decision was vitiated by 蘑菇视频ICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. 蘑菇视频AT held that 蘑菇视频DT erroneously concluded that both the Chad Country...

2015-蘑菇视频AT-526, Tintukasiri et al

On the Appellants’ request for an oral hearing, 蘑菇视频AT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants’ request that the appeal be heard by a full bench, 蘑菇视频AT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. 蘑菇视频AT held that: 蘑菇视频DT was competent to review its own competence or jurisdiction; 蘑菇视频DT correctly applied the jurisprudence of 蘑菇视频AT in the definition of...

2015-蘑菇视频AT-520, Eng

蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that the 蘑菇视频DT’s legal conclusion that the application was timely was erroneous. 蘑菇视频AT held that the application was not timely and not receivable ratione temporis. 蘑菇视频AT held that 蘑菇视频DT exceeded its competence or jurisdiction in receiving the application and addressing its merits. 蘑菇视频AT granted the appeal and vacated the 蘑菇视频DT judgment.

2015-蘑菇视频AT-515, von der Schulenburg

蘑菇视频AT considered the consolidated appeals of judgment Nos. 蘑菇视频DT/2013/178 and 蘑菇视频DT/2014/041. The Appellant had filed Motions to Withdraw and Strike both of his appeals on the ground that mediation was successful and all claims/disputes were settled between the parties. 蘑菇视频AT granted the Appellant’s motions and directed the Registrar to close 蘑菇视频AT Case Nos. 2014-589 and 2014-621.

2015-蘑菇视频AT-500, Said

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

2015-蘑菇视频AT-503, Hepworth

蘑菇视频AT considered an appeal of judgment No. 蘑菇视频DT/2013/151 by the Secretary-General. As a preliminary matter, 蘑菇视频AT held that 蘑菇视频DT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and 蘑菇视频AT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. 蘑菇视频AT held that 蘑菇视频DT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by 蘑菇视频AT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...

2014-蘑菇视频AT-493, Das

蘑菇视频AT considered Ms Das’s application for Interpretation of judgment with respect to the award of interest on the compensatory damages and any remaining termination benefits and entitlements. 蘑菇视频AT noted that its earlier jurisprudence held that interest was to be paid at the US Prime rate from the date on which the entitlement becomes due, which in this case is the date of the 蘑菇视频DT judgment. 蘑菇视频AT noted that it had merely affirmed the award of compensatory damages and termination benefits by 蘑菇视频DT and had not initiated it. 蘑菇视频AT held that there was no merit to the Secretary-General’s claim that...

2014-蘑菇视频AT-490, Dzuverovic

蘑菇视频AT considered Ms Dzuverovic’s Application for Interpretation of judgment, specifically the portion that dismissed the Secretary-General’s cross-appeal to redact the recommendations made by 蘑菇视频DT and thus allowed them to remain despite the fact that Ms Dzuverovic’s 蘑菇视频DT application was not receivable. 蘑菇视频AT held that it explained the meaning and scope of its decision to dismiss the Secretary-General’s cross-appeal and not to redact the 蘑菇视频DT recommendations when it stated that the recommendations had no binding consequences on the parties. 蘑菇视频AT found that the judgment was not ambiguous and...

2014-蘑菇视频AT-486, Khan

As a preliminary matter, 蘑菇视频AT denied the Appellant’s request for an oral hearing. 蘑菇视频AT then considered the Appellant’s claims that the facts were not established by clear and convincing evidence, that there were procedural flaws during the disciplinary proceedings, and that his separation from service was not warranted. 蘑菇视频AT held that clear and convincing evidence showed that the Appellant harassed all the alleged victims and abused his authority, in violation of WFP’s Harassment Policy. 蘑菇视频AT also held that 蘑菇视频DT correctly found that the sanction of separation from service was proportionate...

2014-蘑菇视频AT-481, Lee

蘑菇视频AT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. 蘑菇视频DT/2013/147. As a preliminary matter, 蘑菇视频AT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, 蘑菇视频AT found that 蘑菇视频DT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. 蘑菇视频AT held that the appeals of these Orders were not...

2014-蘑菇视频AT-469, Eissa

蘑菇视频AT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. 蘑菇视频AT held that there was no merit in the Secretary-General’s contention that 蘑菇视频DT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. 蘑菇视频AT held that there was no merit in the Secretary-General’s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. 蘑菇视频AT noted that an award under Article 10(5)(a) of the 蘑菇视频DT Statute is alternative...

2014-蘑菇视频AT-463, Slade

蘑菇视频AT considered the Appellant’s appeal and noted that the letters of appointment issued to the Appellant for the period of 1 July 2009 through 30 June 2012 did not refer to either the Memorandum, that described the planned phasing-out of the PTA, or the PTA itself. 蘑菇视频AT also noted that the PTA is neither a benefit or entitlement under the Staff Regulations and Rules, which “embody the conditions of service and the basic rights and duties and obligations of United Nations staff members,” nor an “administrative issuance in application of, and consistent with, the said Regulations and Rules. ”...

2014-蘑菇视频AT-464, Vorobiev

蘑菇视频AT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. 蘑菇视频AT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find “good cause” to waive the sixty days’ time limit for review set forth in Section K of the 蘑菇视频JSPF Administrative Rules. 蘑菇视频AT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between 蘑菇视频JSPF and CTBTO. 蘑菇视频AT...

2014-蘑菇视频AT-456, Pirnea

蘑菇视频AT considered both an application for Revision of judgment No. 2013-蘑菇视频AT-311 and a motion for confidentiality filed by Mr Pirnea. On the application for revision of judgment, 蘑菇视频AT held that Mr Pirnea did not set forth a new fact that was unknown to both him and 蘑菇视频AT at the time the judgment was rendered. Thus, his application did not come within the grounds for revision set forth in Article 11(1) of the 蘑菇视频AT Statute and Article 24 of the 蘑菇视频AT Rules of Procedure. On the motion for confidentiality, 蘑菇视频AT noted that the motion was late, and it was unlikely that confidentiality could be achieved...

2014-蘑菇视频AT-447, Terragnolo

The first issue 蘑菇视频AT considered was whether 蘑菇视频DT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and 蘑菇视频AT found that 蘑菇视频DT did not err in this regard. 蘑菇视频AT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the 蘑菇视频 Joint Staff Pension Fund requires that “[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...