2014-蘑菇视频AT-433-Corr.1, Hersh
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 蘑菇视频AT held that 蘑菇视频DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...
2014-蘑菇视频AT-434, Beqai
蘑菇视频AT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. 蘑菇视频AT held that, other than repeating his arguments before the 蘑菇视频RWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. 蘑菇视频AT held that the claims of errors of fact on the part of 蘑菇视频RWA DT, resulting in a manifestly unreasonable decision, were unsustainable. 蘑菇视频AT held that 蘑菇视频RWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...
2014-蘑菇视频AT-423, Bastet
蘑菇视频AT considered three appeals by Mr Bastet against Order No. 96 (NY/2013), Order No. 58 (GVA/2013)), and Order No. 160 (GVA/2013). Regarding 蘑菇视频DT Order No. 96 (NY/2013), 蘑菇视频AT held that the decision to transfer the Appellant’s case to Geneva fell squarely within the jurisdiction and competence of 蘑菇视频DT. Regarding the second complaint, namely that 蘑菇视频DT exceeded its competence and/or erred in law, fact, or procedure in restricting disclosure of documents and witnesses, 蘑菇视频AT held that to order, or not to order certain documents also fell within the discretion of 蘑菇视频DT. 蘑菇视频AT held that the Appellant...
2014-蘑菇视频AT-417, Luvai
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that no reasonable or objective analysis of Mr Luvai’s submissions to management, prior to his application to 蘑菇视频DT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by 蘑菇视频DT. 蘑菇视频AT held that 蘑菇视频DT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai’s firearm licence, 蘑菇视频DT exceeded its competence. 蘑菇视频AT held that 蘑菇视频DT...
2014-蘑菇视频AT-415, Santos
蘑菇视频AT considered an appeal by the Secretary-General. As a preliminary matter, 蘑菇视频AT rejected the request for an oral hearing finding there was no need for further clarification. 蘑菇视频AT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member’s conversion to permanent appointment did not give 蘑菇视频DT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. 蘑菇视频AT held that it was not within 蘑菇视频DT’s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...
2014-蘑菇视频AT-410, Igbinedion
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT did not act lawfully in issuing an order in direct contravention of the established 蘑菇视频AT jurisprudence. However, 蘑菇视频AT also held that parties before 蘑菇视频DT must obey its binding decisions and that a decision by 蘑菇视频DT remained legally valid until such time as 蘑菇视频AT vacated it. 蘑菇视频AT held that the Secretary-General’s refusal to comply with 蘑菇视频DT’s order was vexatious. 蘑菇视频AT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. 蘑菇视频AT upheld the appeal in part.
Accountability Referral: The 蘑菇视频AT...
2014-蘑菇视频AT-404, Bauza Mercere
蘑菇视频AT held that there was no reason to interfere with 蘑菇视频DT’s finding that the Appellant had not established the existence of a decision capable of giving 蘑菇视频DT jurisdiction to embark upon a consideration of his complaints. 蘑菇视频AT held that 蘑菇视频DT had correctly determined that the application was not receivable ratione materiae. 蘑菇视频AT held that 蘑菇视频DT should not have embarked on a consideration of substantive issues, such as staff consultations and discrimination arguments, but instead should have confined itself to the issue of receivability. 蘑菇视频AT dismissed the appeal with regard to the receivability...
2014-蘑菇视频AT-396, Robineau
蘑菇视频AT was persuaded for reasons of equity and good faith by the Appellant’s arguments rather than those put forward by the Secretary-General, although it did not accept the entirety of the Appellant’s arguments on the discontinuation issue. 蘑菇视频AT held that in failing to give due consideration to the arguments raised by the Appellant regarding the years 1989 to 1997, 蘑菇视频DT erred in law in retroactively applying former Staff Rule 104. 3 set forth in ST/SGB/2003/1 to the entirety of his service. 蘑菇视频AT held that the Appellant was entitled to rely on the statutory provisions in force when he last...
2013-蘑菇视频AT-390, Wesslund
蘑菇视频AT considered a writ of mandamus from Ms Wesslund, who requested that 蘑菇视频AT order 蘑菇视频DT to accept her applications. 蘑菇视频AT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against 蘑菇视频DT Order No. 100 (NY/2013). 蘑菇视频AT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to 蘑菇视频AT for an extension or waive of the applicable time limits, 蘑菇视频AT held that the appeal of the Order was not receivable ratione temporis. 蘑菇视频AT dismissed the...
2013-蘑菇视频AT-383, Bofill
On the Appellant’s claims of discriminatory and arbitrary practices, 蘑菇视频AT did not find that 蘑菇视频DT committed any error of law or procedure of any factual error such as to result in a manifestly unreasonable decision and 蘑菇视频DT’s findings demonstrated that it took cognisance of all relevant information. 蘑菇视频AT held that there was no error by 蘑菇视频DT in holding that it was for the High Commissioner to determine the relative importance of the criteria to use for promotion. 蘑菇视频AT held that 蘑菇视频DT did not err in law or fact when it determined that the Appellant was afforded proper consideration and in finding...
2013-蘑菇视频AT-373, Czaran
蘑菇视频AT held that the 蘑菇视频DT judgment was not manifestly unreasonable in concluding that the date upon which the Appellant was on notice that he had received a response from the Management Evaluation Unit (MEU) or that it was his responsibility to read the MEU response as soon as possible. On the question of whether 蘑菇视频DT erred in law and/or failed to exercise its jurisdiction in declining to consider the case on the merits, 蘑菇视频AT held that, in the absence of a prior written request for a suspension or waiver of the time limit for filing his application, 蘑菇视频DT was not competent to consider the issue...
2013-蘑菇视频AT-367, Cranfield
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 its determination. 蘑菇视频AT held that there was no legal basis for 蘑菇视频DT to bind the Administration to a 90-day statutory time limit. 蘑菇视频AT held that it was not necessary to remand the case to 蘑菇视频DT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 蘑菇视频AT held that as of 30 June 2009, 蘑菇视频AT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an...
2013-蘑菇视频AT-360, McIlwraith
蘑菇视频AT considered an appeal of judgment No. 蘑菇视频DT/2012/131. 蘑菇视频AT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. 蘑菇视频DT/2012/131, as well as the staff members who appealed judgment No. 蘑菇视频DT/2012/129 and judgment No. 蘑菇视频DT/2012/130. 蘑菇视频AT held that, since it had rescinded the 蘑菇视频DT judgment against which the staff members appealed, the majority of their claims were rendered moot. 蘑菇视频AT held that it's reasoning in Malmstr?m et al....
2013-蘑菇视频AT-361, Ngoma-Mabiala
蘑菇视频AT considered an appeal by the Secretary-General limited to the discrete issue of the “Observations” of 蘑菇视频DT. 蘑菇视频AT held that the Secretary-General, despite being the beneficiary of a 蘑菇视频DT judgment in his favour, was entitled to appeal the observations. 蘑菇视频AT held that 蘑菇视频DT overstepped the mark to a significant degree in effectively recording, as part of its judgment, “Observations” in the manner in which it did. 蘑菇视频AT held that, in light of the 蘑菇视频DT’s determination on the issue of receivability, 蘑菇视频DT had no jurisdiction to make “Observations” as it did. 蘑菇视频AT allowed the appeal and ordered that...
2013-蘑菇视频AT-358, Longone
蘑菇视频AT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 蘑菇视频AT held that judgment No. 2013-蘑菇视频AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 蘑菇视频AT held that 蘑菇视频DT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 蘑菇视频DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 蘑菇视频AT held that each candidate for permanent appointment...
2013-蘑菇视频AT-359, Ademagic et al. and McIlwraith
蘑菇视频AT considered an appeal by the Secretary-General and an appeal Ademagic et al. 蘑菇视频AT held that judgment No. 2013-蘑菇视频AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 蘑菇视频AT held that 蘑菇视频DT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the 蘑菇视频DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 蘑菇视频AT held that each candidate for permanent appointment...
2013-蘑菇视频AT-357, Baig et al.
蘑菇视频AT held that the ASG/OHRM, and not the ICTY Registrar, had discretionary authority in matters of permanent appointment. 蘑菇视频AT held that the ASG/OHRM had failed to exercise her discretion in a lawful manner in adopting a blanket policy of denial of permanent appointments to ICTY staff members rather than affording them the individual consideration to which they were entitled. Finding that the staff members were discriminated against and the impugned decision was legally void, 蘑菇视频AT rescinded the impugned decisions and remanded the matter to the ASG/OHRM for consideration of retroactive...
2013-蘑菇视频AT-346, Goodwin
蘑菇视频AT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that 蘑菇视频DT declined to award pecuniary damages, 蘑菇视频AT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of 蘑菇视频DT such as would entitle 蘑菇视频AT to interfere with the findings of 蘑菇视频DT. 蘑菇视频AT was satisfied that the Appellant had been properly compensated for moral damages. 蘑菇视频AT held t that the substantive and procedural breaches identified by 蘑菇视频DT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...
2013-蘑菇视频AT-343, Larghi
蘑菇视频AT determined that by refusing to review the staff member’s request, the 蘑菇视频JSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose “is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ‘aberrant results’ or the situation where no up-to-date CPI data is available”. 蘑菇视频AT upheld the appeal, vacated the decision of the Standing Committee of the 蘑菇视频JSPB to reject the staff member’s request that the 蘑菇视频JSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...
2013-蘑菇视频AT-336, Akello
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a 蘑菇视频 list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. 蘑菇视频AT held that, in ruling otherwise, 蘑菇视频DT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...