2015-蘑菇视频AT-568, Lebouef et al.
On the Appellants’ motion for contempt and request to strike specific paragraphs from the Respondent’s Answer, 蘑菇视频AT found no basis to grant the relief sought but stated it would deal with the issue in the judgment. On the Appellants’ complaints about the number of witnesses permitted to testify, 蘑菇视频AT held that: insofar as the Appellants’ sought to impugn the 蘑菇视频DT judgment on the basis of the number of witnesses permitted to testify, there was no merit in such an argument and it found no error of procedure such as to affect the decision in the case; and there was no merit in the argument that...
2015-蘑菇视频AT-563, Reid
蘑菇视频AT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. 蘑菇视频AT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...
2015-蘑菇视频AT-556, Scheepers et al
蘑菇视频AT considered an appeal by the Secretary-General. On the question of whether 蘑菇视频DT erred in finding that the five years’ experience requirement was arbitrary and not based on any proper consideration, 蘑菇视频AT held that, absent any proper legal or factual basis upon which to impugn the five years’ experience requirement, 蘑菇视频DT had no function in substituting its judgment for that of the Administration in determining the criteria for the selection of S-3 officers, and in doing so, 蘑菇视频DT erred in law resulting in a manifestly unreasonable decision. 蘑菇视频AT held that 蘑菇视频DT erred in law in deeming the...
2015-蘑菇视频AT-558, Kouadio
蘑菇视频AT considered an appeal by the Secretary-General and a cross-appeal by Mr Kouadio. 蘑菇视频AT noted that at no point did Mr Kouadio request management evaluation of the contested decision and that 蘑菇视频DT is prohibited from considering any application brought to it more than three years after the issuance of the administrative decision that a potential applicant is seeking to challenge. 蘑菇视频AT held that the 蘑菇视频DT erred on a question of law in finding that it could not determine the receivability of the application. 蘑菇视频AT upheld the Secretary-General’s appeal, vacated the 蘑菇视频DT judgment and dismissed Mr...
2015-蘑菇视频AT-548, Khaleel
蘑菇视频AT held that it was satisfied that the rejection of the application as not receivable was correct on the basis that the Appellant did not seek decision review within the mandatory time period, which meant that 蘑菇视频RWA DT was precluded in law from considering the merits of his application. 蘑菇视频AT held that the Appellant did not identify how the 蘑菇视频RWA DT judgment was in any way defective or demonstrated that 蘑菇视频RWA DT erred in relation to its jurisdiction or committed an error of fact or law or procedure such as would warrant intervention by 蘑菇视频AT. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT...
2015-蘑菇视频AT-542, Nielsen
蘑菇视频AT had before it an appeal against both Order No. 63 (GVA/2014) and Summary judgment No. 蘑菇视频DT/2014/061. On the Appellant’s additional filings and motions to submit additional pleadings, 蘑菇视频AT held that there were no exceptional circumstances that warranted the inclusion of any of the additional material in the appeal and denied the motions. On the Appellant’s motion requesting 蘑菇视频AT to intervene in matters which fell outside the scope of the appeal, 蘑菇视频AT denied the motion. On the Appellant’s appeal of Order No. 63 (GVA/2014), 蘑菇视频AT rejected the appeal on the basis that her appeal grounds did...
2015-蘑菇视频AT-528, Rantisi
蘑菇视频AT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General’s argument that 蘑菇视频DT unduly fettered its discretion to award compensation in lieu of specific performance, 蘑菇视频AT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, 蘑菇视频AT would not interfere with the discretion vested in 蘑菇视频RWA DT to decide on remedy. 蘑菇视频AT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General’s argument that...
2015-蘑菇视频AT-516, Fiala
蘑菇视频AT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. 蘑菇视频DT/2014/007. 蘑菇视频AT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. 蘑菇视频AT held that there was no error of law or fact on the part of 蘑菇视频DT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for 蘑菇视频DT, 蘑菇视频AT held that the arguments advanced by the Secretary-General did not...
2015-蘑菇视频AT-513, Simmons
蘑菇视频AT considered an application for execution. 蘑菇视频AT noted that Ms Simmons maintained that there was a sum of money due and owed to her relating to judgment No. 2012-蘑菇视频AT-221. 蘑菇视频AT held that Ms Simmons’ contentions were not sustained. 蘑菇视频AT held that the Secretary-General fully complied with judgment No. 2012-蘑菇视频AT-221, as corrected by Order No. 148 (2013). 蘑菇视频AT rejected the application for execution.
2015-蘑菇视频AT-514, Abu Nada
蘑菇视频AT held that 蘑菇视频DT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. 蘑菇视频AT held that 蘑菇视频DT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant’s complaint that 蘑菇视频RWA DT did not address his complaint regarding the deduction by 蘑菇视频RWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, 蘑菇视频AT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the 蘑菇视频RWA DT when it determined these...
2015-蘑菇视频AT-507, Porter
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT recalled the importance of its jurisprudence on the receivability of appeals against interlocutory orders in that the excess of jurisdiction or competence must be clear or manifest. 蘑菇视频AT held that it was not satisfied that such a threshold had been met by the Secretary-General, given the circumstances of the case. 蘑菇视频AT held that adjudication of the matters complained of by the Secretary-General, notwithstanding that they touched upon the competence of 蘑菇视频DT, was more proper for consideration once a final judgment has been rendered by 蘑菇视频DT...
2015-蘑菇视频AT-496, Asariotis
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT erred in law in finding that, pursuant to the Instruction Manual, a candidate for an advertised post was entitled to be apprised of the composition of the interview panel prior to the interview. 蘑菇视频AT held, however, that by pointing out that she had been previously interviewed for the post and that there were ongoing proceedings before 蘑菇视频DT regarding her challenge to a prior selection exercise, the staff member had put the Administration on notice of the importance she attached to the panel’s composition. 蘑菇视频AT held that...
2014-蘑菇视频AT-484, Abassa
蘑菇视频AT considered an appeal of judgment No. 蘑菇视频DT/2013/145. On the issue of whether 蘑菇视频DT erred in law in not receiving the Appellant’s application for revision of judgment, 蘑菇视频AT held that it did. 蘑菇视频AT noted that to import into Article 12(1) of the 蘑菇视频DT Statute the limitations presently advocated by 蘑菇视频DT, merely because of the inclusion of the word “executable,” would be unduly restrictive and tantamount to a denial of an already narrowly construed remedy and unduly circumscribe the right of access of staff members to 蘑菇视频DT. With respect to the merits of the application for revision, 蘑菇视频AT held that...
2014-蘑菇视频AT-479, Gehr
蘑菇视频AT considered the Secretary-General’s appeal, specifically as to whether Mr Gehr was prejudiced or discommoded by the fact that his rebuttal was conducted by the rebuttal panel established in 2011. 蘑菇视频AT did not find that Mr Gehr’s obligation to engage with a panel established pursuant to ST/AI/2010/5 was, in and of itself, sufficient to merit an award of compensation, in the absence of specific harm or prejudice arising therefrom. 蘑菇视频AT held that the breach was not of sufficient seriousness to merit a compensatory award. 蘑菇视频AT allowed the appeal and vacated the 蘑菇视频DT judgment in its entirety.
2014-蘑菇视频AT-482, Abdullah
As a preliminary matter, 蘑菇视频AT denied the Appellant’s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, 蘑菇视频AT found no merit in the Appellant’s arguments. 蘑菇视频AT was not persuaded that the Appellant suffered prejudice by 蘑菇视频RWA DT admitting the Commissioner-General’s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, 蘑菇视频AT found that 蘑菇视频RWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...
2014-蘑菇视频AT-473, Collas
With regard to the decisions to transfer the Appellant from 蘑菇视频OPS to GF / WHO, to transfer her back to 蘑菇视频OPS and to put her on reimbursable loan to the GF, to deny her the right to return to 蘑菇视频OPS, and to separate her from 蘑菇视频OPS upon the expiry of her SLWOP on 30 June 2012, 蘑菇视频AT found that 蘑菇视频DT did not err in holding that the Appellant’s challenges were time-barred. 蘑菇视频AT held that the Appellant failed to seek timely management evaluation of her separation from 蘑菇视频OPS on 30 June 2012. With respect to 蘑菇视频DT’s determination that the Appellant was not challenging her financial package and that the...
2014-蘑菇视频AT-461, Al-Badri
The Secretary-General appealed 蘑菇视频DT’s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. 蘑菇视频AT only considered the receivability of this appeal. 蘑菇视频AT held that alleged excess of jurisdiction or competence on the part of 蘑菇视频DT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. 蘑菇视频AT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the 蘑菇视频AT Statute is that only final judgments of...
2014-蘑菇视频AT-455, Guzman
蘑菇视频AT considered an appeal by the Secretary-General. As a preliminary matter, 蘑菇视频AT dismissed Ms Guzman’s Motion to file an Addendum to Answer the Secretary-General’s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by 蘑菇视频AT. On the merits, 蘑菇视频AT found that 蘑菇视频DT’s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman’s amended Motion of...
2014-蘑菇视频AT-457, Wasserstorm
The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. 蘑菇视频AT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. 蘑菇视频AT accordingly upheld the Secretary-General’s appeal on receivability. 蘑菇视频AT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, 蘑菇视频AT found that the Secretary-General’s refusal to...
2014-蘑菇视频AT-439, Gusarova
蘑菇视频AT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, 蘑菇视频AT held that 蘑菇视频DT was the body best placed to assess a candidate’s chance of selection for placement on the roster. 蘑菇视频AT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin 蘑菇视频DT’s assessment that the staff member’s chances were not in the realm of the speculative. 蘑菇视频AT held that there was no merit in the Secretary-General’s cross...