2012-蘑菇视频AT-216, Schook
蘑菇视频AT noted that 蘑菇视频DT’s review of the factual situation by necessity involved consideration of issues beyond the mere fact of the non-renewal of the Appellant’s contract and, thus, found no merit in the Appellant’s submission that 蘑菇视频DT’s deliberations on the issue of non-renewal took place in isolation of the facts surrounding the decision. With respect to the Appellant’s contention that 蘑菇视频DT failed to account for the negative impact of the non-renewal of his personal and professional life, 蘑菇视频AT found no error in the Secretary-General’s exercise of discretion to take action to address the...
2012-蘑菇视频AT-211, Scheepers
蘑菇视频AT considered the appeal, in which the Appellant contended that exceptional circumstances existed that would merit a waiver of the time limit, allowing his application to be admitted. 蘑菇视频AT noted that, in such an instance, it is the applicant’s responsibility to convince the tribunal of such circumstances. 蘑菇视频AT found that the Appellant did not overcome this hurdle before 蘑菇视频DT and held that 蘑菇视频DT did not err in rejecting the Appellant’s contentions that he had exceptional circumstances. 蘑菇视频AT further held that ignorance of the law is no excuse and the Appellant’s reliance on erroneous advice...
2012-蘑菇视频AT-190, Bekele
蘑菇视频AT considered an appeal limited to the claim that 蘑菇视频DT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. 蘑菇视频AT found that 蘑菇视频DT took due regard for the arguments the Appellant brought in his appeal and that 蘑菇视频DT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant’s economic and social losses in its overall award to him. 蘑菇视频AT dismissed the appeal and upheld the 蘑菇视频DT judgment.
2012-蘑菇视频AT-191, Muratore
蘑菇视频AT noted that only circumstances beyond an applicant’s control that prevented them from timely exercising the right of appeal may be considered “exceptional circumstances,” justifying a waiver of the statutory time limit. 蘑菇视频AT noted that an applicant’s initial mistaken belief that decisions were lawful cannot be deemed to constitute exceptional circumstances justifying a waiver of the time limit to appeal those decisions, especially when they had every means of obtaining information from the Administration. 蘑菇视频AT was not persuaded by the Appellant’s arguments upon appeal and did not find any...
2012-蘑菇视频AT-193, Al Sayyed
蘑菇视频AT considered Mr Al Sayyed’s appeal and found that the decision to terminate his service, effective from close of business 15 December 2007, and as communicated to him on 30 November 2007, was superseded by the action he took on 4 December 2007, an action reinforced by him on 7 January 2008. Under these circumstances, 蘑菇视频AT held that 蘑菇视频RWA did not err in dismissing Mr Al Sayyed’s appeal against his termination on the basis that there was no termination decision capable of review. 蘑菇视频AT dismissed the appeal.
2012-蘑菇视频AT-189, Onogi, et al.
蘑菇视频AT considered Mr Elguindi, Ms Onogi and Ms Sheryda’s separate appeals. With respect to Mr Elguindi’s claim, 蘑菇视频AT did not find that the manner in which 蘑菇视频JSPF apportioned his monthly pension sum to be unreasonable, capricious or an abuse of discretion. With respect to Ms Onogi’s claim of procedural defects, 蘑菇视频AT was not persuaded that there were procedural flaws on the part of 蘑菇视频JSPF such as to render the exercise of its discretion unreasonable or unlawful. 蘑菇视频AT also did not find merit in Mr Elguindi’s claim of “double-dipping” in his opposition to Ms Onogi’s claim for relief from 蘑菇视频JSPF...
2011-蘑菇视频AT-141, Frohler
蘑菇视频AT held that 蘑菇视频DT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. 蘑菇视频AT held that 蘑菇视频DT’s approach in considering the Appellant’s prospects of success was entirely reasonable in the particular circumstances of the case. 蘑菇视频AT held that it was not the function of 蘑菇视频DT or 蘑菇视频AT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. 蘑菇视频AT recalled that the jurisdiction vested in 蘑菇视频DT is to review alleged procedural deficiencies and to rectify any which are...
2011-蘑菇视频AT-143, Appellant
蘑菇视频AT held that 蘑菇视频DT properly determined that the issue before it was the failure of the Administration to address the Appellant’s formal complaint. 蘑菇视频AT held that there was no error of law or failure to exercise jurisdiction on the part of 蘑菇视频DT with regard to the Appellant’s request for an investigation. 蘑菇视频AT held that it was satisfied that the award by 蘑菇视频DT of USD 40,000 constituted sufficient satisfaction for the Appellant. 蘑菇视频AT held that 蘑菇视频DT correctly refused to entertain the request for compensation for economic loss because the Appellant’s separation from service was not the subject of...
2011-蘑菇视频AT-140, Wang
蘑菇视频AT was satisfied that the 蘑菇视频DT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the 蘑菇视频 outside of their home country and by implication their country of nationality, was the correct interpretation. 蘑菇视频AT held that there was no error in law with regard to the 蘑菇视频DT’s approach on the issue of home leave. 蘑菇视频AT held, as a matter of law and fact, that 蘑菇视频DT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...
2011-蘑菇视频AT-132, Frechon
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that it was satisfied that the 蘑菇视频DT’s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to 蘑菇视频DT having stepped into the shoes of the 蘑菇视频 Medical Director. 蘑菇视频AT held that there were no grounds to disagree with the finding of 蘑菇视频DT that Ms Frechon’s contract was, in fact, terminated for medical reasons. 蘑菇视频AT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. 蘑菇视频AT held that 蘑菇视频DT was correct in rescinding the decision to...