2013-蘑菇视频AT-325, Servas
蘑菇视频AT held that 蘑菇视频DT did not err by not considering the various provisions of Staff Rule 3. 18. 蘑菇视频AT held that a staff member’s failure to meet the requirements of either Annex IV or Staff Rule 3. 18 precluded the staff member from being eligible for a repatriation grant and, since the Appellant did not meet the requirement of Annex IV, that she relocate after separation from service, there was no need for 蘑菇视频DT to consider whether she met the conditions for eligibility under Staff Rule 3. 18(c). 蘑菇视频AT held that 蘑菇视频DT did not err in determining the Appellant was not eligible for a repatriation...
2013-蘑菇视频AT-314, Mpacko
蘑菇视频AT held that Ms Mpacko’s claims addressed the merits of the 蘑菇视频DT decision and did not amount to claims that the 蘑菇视频DT exceeded its competence or jurisdiction in denying her application for suspension of action. 蘑菇视频AT held that 蘑菇视频DT did not exceed its competence or jurisdiction in denying Ms Mpacko’s application for suspension of action. 蘑菇视频AT held that the appeal was not receivable.
2013-蘑菇视频AT-311, Pirnea
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that the reasons proffered by the Administration for not renewing Mr Pirnea’s appointment were valid, namely that he could no longer perform his functions in Somalia since his life was at risk there. 蘑菇视频AT held that the 蘑菇视频DT’s conclusion that the Administration had hidden reasons for not renewing Mr Pirnea’s appointment was based solely on speculation and that 蘑菇视频DT erred on a question of law and fact resulting in a manifestly unreasonable decision when it concluded that there was no valid reason for the non-renewal. 蘑菇视频AT noted that...
2013-蘑菇视频AT-298, Morsy
蘑菇视频AT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. 蘑菇视频AT noted that it was well within the discretion of 蘑菇视频DT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. 蘑菇视频AT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. 蘑菇视频AT held that 蘑菇视频DT did not err in awarding moral damages of USD 25,000. 蘑菇视频AT held there was no merit in...
2013-蘑菇视频AT-295, Powell
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT was correct to find that there was no breach of Mr Powell’s due process rights at the preliminary investigation stage. 蘑菇视频AT held that 蘑菇视频DT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. 蘑菇视频AT allowed the appeal, set aside the 蘑菇视频DT findings in paragraphs 86 and 106 of the...
2013-蘑菇视频AT-292, Abu Jarbou
蘑菇视频AT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. 蘑菇视频AT held that the Appellant’s failure to object to the Respondent’s late reply before 蘑菇视频RWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant’s claim that 蘑菇视频RWA DT erred when it did not permit him to file a rejoinder to the Respondent’s reply, 蘑菇视频AT held that since the Appellant did...
2012-蘑菇视频AT-275, Cooke
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT, under Article 8.3 of its Statute, was authorised to waive the time limits for filing applications in certain situations but that the staff member had failed to submit a written request for a waiver and to justify exceptional circumstances. 蘑菇视频AT held that 蘑菇视频DT could not consider whether exceptional circumstances existed unless the staff had submitted a prior written request for waiver. 蘑菇视频AT held that 蘑菇视频DT had interpreted Articles 19 and 35 of the 蘑菇视频DT RoP in a manner that conflicted with Articles 8.1 and 8.3 of the 蘑菇视频DT...
2012-蘑菇视频AT-267, Achkar
蘑菇视频AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 蘑菇视频AT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. 蘑菇视频AT held that 蘑菇视频DT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before 蘑菇视频RWA DT. 蘑菇视频AT held that 蘑菇视频DT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...
2012-蘑菇视频AT-261, Badawi
蘑菇视频AT addressed the staff member’s appeal seeking reversal of the 蘑菇视频RWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. 蘑菇视频AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 蘑菇视频AT held that the Appellant’s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. 蘑菇视频AT held that 蘑菇视频RWA DT was correct in finding that the Agency’s extension of the Appellant’s...
2012-蘑菇视频AT-254, Nyakossi
蘑菇视频AT considered the Secretary-General’s appeal. 蘑菇视频AT noted that 蘑菇视频DT did not find that the Applicant was distressed by 蘑菇视频HCR’s illegal conduct or that he had suffered any adverse consequences or harm from 蘑菇视频HCR’s procedural error in following the opinion of DSS. 蘑菇视频AT held that 蘑菇视频DT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. 蘑菇视频AT upheld the appeal and reversed the 蘑菇视频DT judgment regarding the award of damages to the staff member.