2019-蘑菇视频AT-968, Fortis
On the matter of the deduction of 7,000 Euros paid to the Appellant’s ex-wife from his final emoluments, 蘑菇视频AT agreed with the 蘑菇视频DT’s finding that the Appellant’s application was not receivable ratione materiae, although for different reasons than those given by 蘑菇视频DT. 蘑菇视频AT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. 蘑菇视频AT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final...
2019-蘑菇视频AT-959, Wesslund
蘑菇视频AT held that 蘑菇视频DT did not err in dismissing the application as not receivable ratione temporis. 蘑菇视频AT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. 蘑菇视频AT held that, with respect to the original decision, the Applicant did not file a request to 蘑菇视频DT to suspend or extend the deadlines for filing her application to 蘑菇视频DT, nor did she claim exceptional circumstances justifying a waiver of the time limits. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2019-蘑菇视频AT-949, Sheffer
蘑菇视频AT held that it was not satisfied that the essential elements were present to enable 蘑菇视频AT to exercise its jurisdiction within the meaning of Article 2(10) of the 蘑菇视频AT Statute in regard to the decision of IMO SAB. 蘑菇视频AT held that in this case, even if the SAB issued decision, it was nevertheless only advisory or recommendatory. 蘑菇视频AT noted that the SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he is both the employer’s representative and the original decision-maker. 蘑菇视频AT held that it was the Secretary-General of IMO, who was not a...
2019-蘑菇视频AT-948Corr.1, Bezziccheri
As a preliminary matter, in response to the Appellant’s request for interim measures, in which she requested that the Secretary-General complied with the 蘑菇视频DT judgment insofar as it had not been appealed against, 蘑菇视频AT denied the motion on the basis that execution should have been requested before 蘑菇视频DT. On the Appellant’s motion to strike assertions and evidence, 蘑菇视频AT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, 蘑菇视频AT held that the appeal was limited to the request for further compensation, as per the Appellant’s Power of Attorney document, and...
2019-蘑菇视频AT-945, Peker
蘑菇视频AT held that it was unable to undertake a proper review of the case since the audio recording of the 蘑菇视频DT proceedings contained the final submissions of both counsels, but not the testimony of the two witnesses and the Appellant. 蘑菇视频AT held that 蘑菇视频DT erred in rejecting the Appellant’s request for documents relating to the calculation of reasonable and customary expenses as to whether the Administration properly calculated “reasonable and customary” expenses was a central issue in contention and was addressed extensively by the 蘑菇视频DT in its judgment. 蘑菇视频AT remanded the case to 蘑菇视频DT for a de novo...
2019-蘑菇视频AT-936, Diallo
蘑菇视频AT held that the Appellant had demonstrated no exceptional circumstances which would justify 蘑菇视频AT exercising its discretion to file additional pleadings. 蘑菇视频AT held that an application before 蘑菇视频DT without a prior request for management evaluation can only be receivable if the contested administrative decision has been taken pursuant to advise from a technical body, or if the administrative decision has been taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to Staff Rule 10.2 following the completion of a disciplinary process. 蘑菇视频AT held that the...
2019-蘑菇视频AT-928, Abdellaoui
蘑菇视频AT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that 蘑菇视频DT should have only received her application against the selection decision whilst the decision not to short-list the Appellant is examined as a part of the final non-selection decision. 蘑菇视频AT held that the appeal was defective as the Appellant did not clearly define the grounds of appeal as required under Article 2(1) of the 蘑菇视频AT Statute, however it considered the appeal on the basis that the Appellant was self-represented. 蘑菇视频AT rejected...
2019-蘑菇视频AT-922, Haq and Kane
蘑菇视频AT considered an appeal by the Secretary-General. On receivability, 蘑菇视频AT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, 蘑菇视频AT held that 蘑菇视频DT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. 蘑菇视频AT held that 蘑菇视频DT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit...
2019-蘑菇视频AT-918, Nadasan
On the delay before 蘑菇视频DT, 蘑菇视频AT agreed that the delay was unfort蘑菇视频ATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. 蘑菇视频AT held that 蘑菇视频DT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. 蘑菇视频AT held that 蘑菇视频DT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. 蘑菇视频AT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...
2019-蘑菇视频AT-913, Siddiqi
蘑菇视频AT had before it an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill “some” staff members. 蘑菇视频AT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. 蘑菇视频AT held that 蘑菇视频DT also erred in law and fact when it concluded that threat was not serious...
2019-蘑菇视频AT-911, El-Arqan
蘑菇视频AT held that 蘑菇视频RWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led 蘑菇视频RWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. 蘑菇视频AT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. 蘑菇视频AT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. 蘑菇视频AT held that there was no rule requiring...
2019-蘑菇视频AT-901, Latimer
蘑菇视频DT exceeded its jurisdiction and erred in law in reviewing the legality of Staff Rule 4.7(a). As Staff Rule 4.7(a) was approved by the General Assembly, the Tribunals had no authority to examine whether or not it is in accord with the 蘑菇视频 Charter or any other higher norms. Nonetheless, 蘑菇视频AT held that Staff Rule 4.7(a) only forbids the Secretary-General “to grant an appointment” to a person who has a close family relationship but does not provide a legal basis to revoke a staff member’s appointment. Accordingly, 蘑菇视频AT concluded that the termination of the retired staff member’s 2016 WAE...
2018-蘑菇视频AT-886, Rehman
蘑菇视频AT considered the receivability of the appeal, whether there was a procedural irregularity, and whether the Appellant was entitled to moral damages. 蘑菇视频AT held that the appeal was receivable because it was filed in a timely fashion, according to Articles 7 and 29 of the RoP. 蘑菇视频AT held that 蘑菇视频DT erred in law in finding that the Administration failed to properly notify the Appellant of her non-selection because she knew about her non-selection early enough to timely challenge the decision. 蘑菇视频AT found that 蘑菇视频DT erred in law and exceeded its competence in awarding the Appellant compensation as...
2018-蘑菇视频AT-889, Sall
蘑菇视频AT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. 蘑菇视频AT denied the Appellant’s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. 蘑菇视频AT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. 蘑菇视频AT held that the 蘑菇视频DT erred in holding that the disciplinary investigation was flawed by procedural irregularities. 蘑菇视频AT held that 蘑菇视频DT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...
2018-蘑菇视频AT-881, Mansour
蘑菇视频AT considered the content of the Appellant’s appeal, the 蘑菇视频RWA DT judgment, and the Appellant’s request for compensation for material and moral damages and costs. 蘑菇视频AT found that the Appellant’s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. 蘑菇视频AT also held that there was no error in the 蘑菇视频RWA DT’s findings that the Administration’s decision not to confirm the Appellant’s appointment was solely based on his performance and that his allegations of harassment and discrimination...
2018-蘑菇视频AT-879, Nimer
蘑菇视频AT rejected the Appellant’s request for an oral hearing. 蘑菇视频AT held that 蘑菇视频RWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter’s employment situation. 蘑菇视频AT held that 蘑菇视频RWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant’s request for SLWOP and, consequently, that there had not...
2018-蘑菇视频AT-877, Atome
蘑菇视频AT considered the Appellant’s motion for leave to file additional pleadings and the appeal. 蘑菇视频AT noted that neither the 蘑菇视频AT Statute nor the 蘑菇视频AT RoP provide for an appellant to file an additional pleading after the respondent has filed an answer. 蘑菇视频AT also noted that Article 31(1) of the RoP and Section II. A. 3 of Practice Direction No. 1 of the Appeals Tribunal allow the Appeals Tribunal to grant a party’s motion to file additional pleadings only if there are exceptional circumstances justifying the motion. 蘑菇视频AT held that the Appellant did not demonstrate any exceptional circumstances...
2018-蘑菇视频AT-864, Delaunay
蘑菇视频AT considered the Appellant’s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. 蘑菇视频AT referred to Article 9(1)(b) of the 蘑菇视频AT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. 蘑菇视频AT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. 蘑菇视频AT accordingly rejected the Appellant’s request for compensation. 蘑菇视频AT also referred to Article 9(2) of...
2018-蘑菇视频AT-855, Salem
蘑菇视频AT referred to Article 2(1) of the 蘑菇视频AT Statute and held that the Appellant did not show any errors in the 蘑菇视频RWA DT judgment and her claims on appeal could not succeed. 蘑菇视频AT further found no fault in 蘑菇视频RWA DT’s finding that there was no retaliation against the Appellant and that 蘑菇视频RWA DT did not err on a question of law or fact, resulting in a manifestly unreasonable decision, nor did it commit an error in procedure, such as to affect the decision of the case. 蘑菇视频AT noted that it was within the discretion of the Agency to close the case against the PMO and that the Agency has no authority to...
2018-蘑菇视频AT-850, Zama
蘑菇视频AT considered the appeal. 蘑菇视频AT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to 蘑菇视频DT only challenged the decision to terminate his appointment in 2014. 蘑菇视频AT agreed with 蘑菇视频DT’s holding that there was no nexus between the reassignment and the abolition of the Appellant’s post. 蘑菇视频AT also agreed with 蘑菇视频DT’s finding that 蘑菇视频FPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. 蘑菇视频AT denied the Appellant’s request to overturn the impugned judgment on the sole ground of...