2013-蘑菇视频AT-330, Nwuke
蘑菇视频AT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. 蘑菇视频DT/2012/116. 蘑菇视频AT held that the Appellant had not established any excess of jurisdiction or competence on the part of 蘑菇视频DT; rather, his claims addressed the merits of the 蘑菇视频DT decision. 蘑菇视频AT noted that even if the 蘑菇视频DT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the 蘑菇视频DT...
2013-蘑菇视频AT-327, Tiwathia
蘑菇视频AT noted that appeals from 蘑菇视频DT decisions on suspensions of action will only be receivable if 蘑菇视频DT, in adjudicating such applications, exceeded its competence or jurisdiction. 蘑菇视频AT held that the 蘑菇视频DT’s legal and factual reasoning fell entirely within its competence and jurisdiction. 蘑菇视频AT held that, although the Appellant’s claims addressed the merits of the 蘑菇视频DT judgment, they did not amount to claims that the 蘑菇视频DT exceeded its competence or jurisdiction. 蘑菇视频AT held that the appeal was not receivable. 蘑菇视频DT dismissed the appeal.
2013-蘑菇视频AT-318, Frechon
蘑菇视频AT considered an application for execution of judgment No. 2011-蘑菇视频AT-132 filed by Ms Frechon. Ms Frechon sought execution of what she maintained was the order of 蘑菇视频AT, namely, that the Secretary-General should pay her two years’ salary in lieu of an effective reinstatement. 蘑菇视频AT held that the order in respect of which Ms Frechon sought execution was not an order which was affirmed by 蘑菇视频AT. 蘑菇视频AT held that Ms Frechon could seek execution of 蘑菇视频AT’s order to the extent that the Secretary-General failed to reinstate her for the purpose of the correct procedure, thereby entitling her to the remedy...
2013-蘑菇视频AT-319, Laeijendecker
蘑菇视频AT considered an application for revision of judgment No. 2011-蘑菇视频AT-158. 蘑菇视频AT held that there was no new fact such as to meet the criteria set out in Article 11 of the 蘑菇视频AT Statute. 蘑菇视频AT held that Mr Laeijendecker sought to re-argue or reopen issues. 蘑菇视频AT held that insofar as Mr Laeijendecker sought interpretation of the impugned judgment, paragraphs 29, 30 and 31 were clear on their face and had to be read in conjunction with paragraphs 27 and 28, and paragraphs 32-35. On the allegation of bias, 蘑菇视频AT held that Mr Laeijendecker’s submissions amounted to no more than completely...
2013-蘑菇视频AT-313, Gehr
蘑菇视频AT held that 蘑菇视频DT correctly determined that no appealable administrative decision was identified by the Appellant. 蘑菇视频AT held that 蘑菇视频DT correctly assessed the actions and/or omissions against the definition of an administrative decision. 蘑菇视频AT held that 蘑菇视频DT was correct in law when it stated that the Administration’s proposed alternative did not qualify as a final decision, nor could it be considered as a decision not to proceed with the rebuttal process. 蘑菇视频AT held that there was nothing in the Appellant’s written or oral submissions to persuade 蘑菇视频AT that 蘑菇视频DT made any error of law or fact in...
2013-蘑菇视频AT-309, Asariotis
蘑菇视频AT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, 蘑菇视频AT found no merit in the ground of appeal related to claimed errors in procedure on the part of 蘑菇视频DT. 蘑菇视频AT held that 蘑菇视频DT’s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the 蘑菇视频DT’s conclusion that the decision to cancel the vacancy announcement was lawful. 蘑菇视频AT held that 蘑菇视频DT was correct in...
2013-蘑菇视频AT-310, Nasrallah
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 蘑菇视频AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 蘑菇视频AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 蘑菇视频AT...
2013-蘑菇视频AT-304, Al Surkhi et al.
蘑菇视频AT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. 蘑菇视频AT held that 蘑菇视频RWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that 蘑菇视频RWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. 蘑菇视频AT upheld the 蘑菇视频RWA DT’s determination as to the limits of its jurisdiction. 蘑菇视频AT...
2013-蘑菇视频AT-293, Gehr
蘑菇视频AT held that 蘑菇视频DT correctly concluded that applications to the 蘑菇视频DT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. 蘑菇视频AT found no merit in the Appellant’s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. 蘑菇视频AT upheld the 蘑菇视频DT’s consideration that in the event of any ambiguity or contradiction between the 蘑菇视频DT Statute and the Staff Rules, the former must...
2013-蘑菇视频AT-291, Perelli
蘑菇视频AT considered two appeals by Ms Perelli, against judgment Nos. 蘑菇视频DT/2012/034 and 蘑菇视频DT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, 蘑菇视频AT held that these procedural steps were part of her due process entitlements and, to the extent that 蘑菇视频DT found the Administration to have respected these procedural steps, 蘑菇视频AT upheld the finding of 蘑菇视频DT. 蘑菇视频AT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. 蘑菇视频AT held that Ms Perelli was...
2013-蘑菇视频AT-285, Charles
On the Appellant’s argument that the selected candidate was ineligible for consideration or selection on the basis that his tenure on the roster had expired (as per former administrative instruction ST/AI/2006/3/Rev. 1) and in the absence of specific guidelines, 蘑菇视频AT took note of the human resources practice of recognising as eligible all rostered candidates whose names were on the roster on the date of the opening of the vacancy announcement for the post. 蘑菇视频AT held that 蘑菇视频DT properly concluded that, given the existence of this practice, the successful candidate’s eligibility was covered by...
2013-蘑菇视频AT-280, Applicant
蘑菇视频AT considered two appeals by the Secretary-General of judgment Nos. 蘑菇视频DT/2011/106 and 蘑菇视频DT/2011/192. 蘑菇视频AT held that it was satisfied that the Complainant did not share the Applicant’s desire to pursue a sexual relationship and that the Applicant’s conduct was unwelcome. 蘑菇视频AT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. 蘑菇视频AT held that the Secretary-General had clear...
2012-蘑菇视频AT-270, Marshall
蘑菇视频AT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General’s appeal, 蘑菇视频AT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall’s conduct into question. 蘑菇视频AT held that 蘑菇视频DT had erred in law and fact in determining otherwise. 蘑菇视频AT held that there was no basis in law or fact for the pronouncements made by 蘑菇视频DT in paragraphs 112-113 of its judgment. 蘑菇视频AT held that 蘑菇视频DT had applied an unduly restrictive...
2012-蘑菇视频AT-272, Abubakr
蘑菇视频AT considered the appeals by the Secretary-General and by Mr Abubakr. Regarding the Secretary-General’s appeal, 蘑菇视频AT agreed with 蘑菇视频DT that the Administration had failed to address Mr Abubakr’s complaint of harassment and discrimination with the required due diligence. 蘑菇视频AT held that 蘑菇视频DT had not erred in law and fact in choosing not to recognize, in any way meaningful, the majority of the actions relied on by the Secretary-General to address Mr Abubakr’s complaints. 蘑菇视频AT held that, by virtue of the “dysfunctional” work of the Panel on Discrimination and Other Grievances (PDOG), Mr Abubakr...
2012-蘑菇视频AT-258, Kananura
蘑菇视频AT held that it would not lightly interfere with the 蘑菇视频DT’s exercise of its jurisdictional powers, conferred on 蘑菇视频DT by its Statute, which enables cases to be judged fairly and expeditiously. 蘑菇视频AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 蘑菇视频DT, notwithstanding the alleged breach of procedural fairness. 蘑菇视频AT held that the appeal was not receivable. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2012-蘑菇视频AT-253, Gehr
蘑菇视频AT held that 蘑菇视频DT had not erred in concluding that the Administration’s decision, to take into consideration in the context of the Appellant’s 2009-2010 performance appraisal events post-dating 31 March 2010, was superseded by the Administration’s subsequent change of approach. 蘑菇视频AT held that 蘑菇视频DT had correctly determined that the Appellant’s claims in this regard had become moot. 蘑菇视频AT held that, in rendering the Appellant’s complaint about the rebuttal issue moot considering the subsequent reversal of the decision of 24 November 2010, 蘑菇视频DT had failed to give sufficient weight to a central...
2012-蘑菇视频AT-235, Wilson
To the extent that the 蘑菇视频DT’s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, 蘑菇视频AT upheld the Order. In every other regard, 蘑菇视频AT upheld the arguments made by the Appellant as to the manner in which 蘑菇视频DT granted the withdrawal request. 蘑菇视频AT held that 蘑菇视频DT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant’s motivation in bringing his application. 蘑菇视频AT ordered that the recital of “Facts” in paragraphs 4 to 7 and “Considerations” in...
2012-蘑菇视频AT-232, Cieniewicz
蘑菇视频AT noted that there was no dispute that the Appellant was designated by the Director of OCHA Geneva as Officer-in-Charge (OiC) of the Financial and Administrative Unit, following the reassignment of the holder of the post (a P-5 post) to other functions. 蘑菇视频AT held that 蘑菇视频DT had properly determined that the transfer of the P-5 holder “with his post’’ had the effect that there remained no “vacant’’ or “temporarily vacant’’ post against which the Appellant, albeit performing the functions of the post holder, could point to for the purposes of making the case for payment of a SPA. 蘑菇视频AT held that...
2012-蘑菇视频AT-233, Charles
蘑菇视频AT held that 蘑菇视频DT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC’s power. 蘑菇视频AT held that 蘑菇视频DT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant’s terms of employment “specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM”. 蘑菇视频AT held that 蘑菇视频DT had properly observed that an “incomplete application may therefore be one which is missing...
2012-蘑菇视频AT-221, Simmons
蘑菇视频AT considered Ms Simmons’ appeal and the Secretary-General’s cross-appeal. With respect to Ms Simmons’ claim that 蘑菇视频DT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, 蘑菇视频AT found that 蘑菇视频DT placed undue weight on Ms Simmons’ omissions and/or actions. 蘑菇视频AT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons’ claim that she did not receive full and fair consideration regarding Post 1, 蘑菇视频AT held that 蘑菇视频DT did not...