蘑菇视频

Judge Knierim

Judge Knierim

Showing 161 - 180 of 226
2021-蘑菇视频AT-1086, Loubani

蘑菇视频AT disagreed with 蘑菇视频RWA DT and found the supervisor’s request to the Agency to grant the staff member a special allowance also constituted an implicit request from the staff member himself. 蘑菇视频AT reasoned that not only did the supervisor act upon the express request of the staff member when he sent the recommendation to the Agency, but it was also apparent and self-understood that both the staff member and the supervisor were a party to the process. Additionally, in this particular case, it is the staff member who followed up with the Agency regarding the status of the supervisor’s request...

2021-蘑菇视频AT-1080, Mukeba

蘑菇视频AT held the staff member’s appeal of the 蘑菇视频DT Judgment was defective as it failed to identify any of the five grounds of appeal set out in Article 2.1 of the 蘑菇视频AT Statute. 蘑菇视频AT ruled that the appellant had failed to explain why the dismissal of his application by the 蘑菇视频DT was erroneous. Additionally, 蘑菇视频AT also held that it found no error in the practice of the 蘑菇视频DT to dismiss an application for want of prosecution when there is sufficient reason to assume that the applicant is no longer interested in the litigation, based on Article 19 (Case management) and Article 36 (Procedural matters not...

2020-蘑菇视频AT-999, Wilson

蘑菇视频AT considered an application for correction of judgment for judgment No. 2019-蘑菇视频AT-940 filed by Mr Wilson in order to reflect a correction of dates that 蘑菇视频DT had made to its own judgment. 蘑菇视频AT held that it was necessary to correct the date of the receipt of a Management Evaluation Unit response, a crucial factor for calculating time limits under the 蘑菇视频DT Statute, as, without the correction, the Appellant’s application to 蘑菇视频DT would have been not receivable ratione temporis. 蘑菇视频AT granted the Appellant’s application and ordered the correction of the 蘑菇视频AT judgment.

2021-蘑菇视频AT-1075, Nadeau

蘑菇视频AT held that 蘑菇视频DT did not err in assessing the evidence presented. 蘑菇视频AT held that 蘑菇视频DT was correct in its finding that i) it would seem that the Appellant’s situation with his former FRO had actually been resolved since they no longer worked together; ii) the Appellant’s eventual temporary reassignment would appear to have been a very reasonable further solution to bring him out of an office environment in which he obviously continued to feel uncomfortable, and iii) it would fall within the Administration’s discretion whether to enact any of the three measures proposed by the Appellant. 蘑菇视频AT...

2020-蘑菇视频AT-994, Rodriguez

蘑菇视频AT dismissed the Appellant’s motion to file additional pleadings on the basis that there were no exceptional circumstances to justify the filing. On the merits, 蘑菇视频AT held that the 蘑菇视频DT calculation of the three-time periods of participation in the contributory health insurance plan was not correct. However, 蘑菇视频AT held that even the correct calculation did not result in the required 10 years of participation, but only 9 years, 10 months, and 14 days. Turning to consider the period of 11 May to 30 June 2009, 蘑菇视频AT held that a staff member who had expressly conceded in her application that a...

2020-蘑菇视频AT-995, Perrin

The Appellant challenged 蘑菇视频RWA DT’s finding that his application was not receivable ratione materiae. 蘑菇视频AT held that the appeal was not receivable ratione materiae as he did not make a timely request for management evaluation. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.

2020-蘑菇视频AT-991, Thomas et al.

蘑菇视频AT held that 蘑菇视频DT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. 蘑菇视频AT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting a management evaluation. 蘑菇视频AT dismissed the appeals and affirmed the 蘑菇视频DT judgments.

2020-蘑菇视频AT-1071, Krioutchkov

蘑菇视频AT held that the Organisation correctly excluded the Appellant from the recruitment process for not meeting the minimum education requirement, as he had not entered his educational credential accurately. 蘑菇视频AT noted that the Appellant had had access to the Inspira Applicant’s Manual and World Higher Education Database, which was embedded into Inspira. 蘑菇视频AT held that the Appellant’s argument that 蘑菇视频DT failed to implement the 蘑菇视频AT judgment to carry out additional fact-finding on the issue of whether Inspira reflected the variety of the educational systems of all Member States equally in 2016...

2020-蘑菇视频AT-1065, Alquza

蘑菇视频AT held that a SPA can only be granted if the conditions of ST/AI/1999/17 are met, inter alia, that the staff member has been assigned to and discharged the full functions of a post which has been both classified and budgeted at a higher level, and that these prerequisites were not met. 蘑菇视频AT held that the denial of the ex gratia payment was lawful. 蘑菇视频AT held that the Administration did not commit any errors in exercising its discretion. 蘑菇视频AT held that the denial of an ex gratia payment did not violate the principle of equal pay for equal value and did not constitute discrimination. 蘑菇视频AT held...

2020-蘑菇视频AT-1062, Mackie

蘑菇视频AT held that 蘑菇视频DT did not commit any errors in procedure, fact, or law and correctly dismissed the motion for an extension of time to file an application against the contested decision. 蘑菇视频AT held that the application was not receivable ratione materiae, as the Appellant had not submitted a timely request for management evaluation and she was not exempted from doing so. 蘑菇视频AT dismissed the appeal.

2020-蘑菇视频AT-1050, Hamdan

蘑菇视频AT considered an appeal by Mr Hamdan and a cross-appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT was correct to hold that Mr Hamdan’s appointment was not terminated. 蘑菇视频AT held that 蘑菇视频DT should not have rescinded the decision placing him on SLWFP. 蘑菇视频AT held that 蘑菇视频DT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. 蘑菇视频AT held that 蘑菇视频DT was correct to reject Hamdan’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. 蘑菇视频AT held...

2020-蘑菇视频AT-1051, Garbo

蘑菇视频AT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT was correct to hold that Mr Garbo’s appointment was not terminated. 蘑菇视频AT held that 蘑菇视频DT should not have rescinded the decision placing him on SLWFP. 蘑菇视频AT held that 蘑菇视频DT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. 蘑菇视频AT held that 蘑菇视频DT correctly rejected the Appellant’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. 蘑菇视频AT held...

2020-蘑菇视频AT-1034, El Sehemawi

蘑菇视频AT held that AJAB’s interim report did not constitute a neutral first instance process which included a written record and a written decision providing reasons, fact and law and as such, did not conform to the requirements of Article 2(10) of the 蘑菇视频AT Statute or the Agreement between the 蘑菇视频 and ICAO. 蘑菇视频AT held that at ICAO there was no neutral first instance process including a decision. 蘑菇视频AT held that the Secretary-General of ICAO, who issued the contested decision, was not neutral, but a party to proceedings. 蘑菇视频AT held that under such circumstances it was not satisfied that the essential...

2020-蘑菇视频AT-1031, Abrate et al

蘑菇视频AT remanded the case to 蘑菇视频DT. 蘑菇视频AT held that the JAB process did not constitute a neutral first instance process that includes a decision, and therefore was not appealable to 蘑菇视频AT. 蘑菇视频AT held that the Secretary-General of WMO, who issued the contested decision, could not be regarded as a neutral body as he is a party. 蘑菇视频AT remanded the case to 蘑菇视频DT, which constituted the neutral first instance process for WMO.

2020-蘑菇视频AT-1017, Salhi et al

As a preliminary matter, 蘑菇视频AT held that 蘑菇视频RWA DT exercised its discretion in consolidating the cases lawfully and appropriately. 蘑菇视频AT held the impugned decision was taken in good faith and on a reasonable basis. 蘑菇视频AT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. 蘑菇视频AT held that the Appellants’ claim that their acquired rights were violated was without merit. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.

2020-蘑菇视频AT-1013, Belsito

A telephone conversation that was suggestive of gender discrimination in the decision-making process and was raised by the Appellant in his application was ignored by 蘑菇视频DT. 蘑菇视频DT made an error in the procedure by failing to hold an oral hearing where witnesses could testify about that conversation. 蘑菇视频AT remanded the matter back to a different judge of the 蘑菇视频DT for the production of further evidence, additional findings of fact, and the issuance of a new judgment.

2020-蘑菇视频AT-1006, Suleiman

ngl蘑菇视频AT held that 蘑菇视频RWA DT did not err in law or fact in finding that the facts on which the disciplinary measure was based had been established. 蘑菇视频AT agreed with 蘑菇视频RWA DT that the preponderance of the evidence showed that the Appellant hit a student forcefully on the back during the 25 October 2016 distribution of school bags. 蘑菇视频AT held that 蘑菇视频RWA DT did not err in relying on the testimony of the Donor Relations Officer (DRO), which is of high value. 蘑菇视频AT noted that he was a neutral witness without any personal interest in the matter and he did not know the Appellant before. 蘑菇视频AT held that...

2019-蘑菇视频AT-976, Ganbold

蘑菇视频AT held that 蘑菇视频DT had committed various errors of law, fact, and procedure. 蘑菇视频AT held that the whole reasoning of 蘑菇视频DT was misconstrued and 蘑菇视频DT did not properly examine the lawfulness of the disciplinary sanction. 蘑菇视频AT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of 蘑菇视频FPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another 蘑菇视频FPA vendor. Further, 蘑菇视频AT held that there was...

2019-蘑菇视频AT-972, Al Othman

蘑菇视频AT held that 蘑菇视频RWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. 蘑菇视频AT held that 蘑菇视频RWA DT erred in its assessment of the alleged victim’s credibility. 蘑菇视频AT held that, contrary to 蘑菇视频RWA DT’s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. 蘑菇视频AT held that 蘑菇视频RWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. 蘑菇视频AT held that 蘑菇视频RWA erred in its assessment of the Appellant’s credibility, in particular...