2019-蘑菇视频AT-908, Rockcliffe
Ms Rockcliffe filed an application for execution of 蘑菇视频AT judgment No. 2017-蘑菇视频AT-807. 蘑菇视频AT held that the crux of the matter for determination was whether Ms Rockcliffe’s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of 蘑菇视频AT’s order in the judgment. 蘑菇视频AT held that, although 蘑菇视频AT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. 蘑菇视频AT held that it was egregious that 蘑菇视频JSPF re-submitted that the previous decision not to give Ms Rockcliffe...
2019-蘑菇视频AT-904, Prempeh
蘑菇视频AT held that the Appellant did not fall under any of the categories of potential applicants and had no legal standing before 蘑菇视频DT. 蘑菇视频AT held that, accordingly, the Appellant had no standing before 蘑菇视频AT and therefore 蘑菇视频AT had no competence to address the merits of her claims. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2019-蘑菇视频AT-905, Ghusoub
蘑菇视频AT rejected the 蘑菇视频RWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the 蘑菇视频AT Statute. 蘑菇视频AT held that the Appellant’s ground of appeal was without merit. 蘑菇视频AT held that the Commissioner-General was obliged to calculate the Appellant’s retirement benefits in accordance with the new Staff Rule and did so correctly. 蘑菇视频AT held that 蘑菇视频RWA DT did not commit any error of fact and law in arriving at its decision. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.
2019-蘑菇视频AT-906, Omwanda
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. 蘑菇视频AT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. 蘑菇视频AT held 蘑菇视频DT was statutorily barred from hearing Mr Omwanda’s application. 蘑菇视频AT upheld the appeal and vacated the 蘑菇视频DT judgment.
2019-蘑菇视频AT-897, Harris
蘑菇视频AT held that the Appellant failed to demonstrate any error in the finding by 蘑菇视频DT that he had failed to meet his burden of proving that the assignment to work in Sector East was motivated by improper consideration. 蘑菇视频AT held that 蘑菇视频DT properly considered the relevant facts and the applicable law in concluding that the Administration had followed the prescribed procedures and acted in accordance with the internal law of the Organisation in separating him for abandonment of post. 蘑菇视频AT held that the Appellant could not choose to ignore a lawful direction by the Administration to provide medical...
2018-蘑菇视频AT-844, Loeber
With respect to the Appellant’s first claim, 蘑菇视频AT agreed with 蘑菇视频DT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, 蘑菇视频AT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. 蘑菇视频AT agreed with 蘑菇视频DT in that the decision to abolish Appellant’s post was not receivable ratione materiae. 蘑菇视频AT...
2017-蘑菇视频AT-720, Haroun
蘑菇视频AT considered an appeal by the Secretary-General limited to contesting the award by 蘑菇视频DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 蘑菇视频AT held that 蘑菇视频DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 蘑菇视频AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...
2016-蘑菇视频AT-692, Gueben et al.
蘑菇视频AT considered the Secretary-General’s appeal. 蘑菇视频AT agreed with 蘑菇视频DT’s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, 蘑菇视频AT found that 蘑菇视频DT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further 蘑菇视频AT found no merit in the Secretary-General’s argument that 蘑菇视频DT improperly substituted its discretion for...
2016-蘑菇视频AT-614, Roberts
蘑菇视频AT considered the appeal by the Secretary-General challenging the compensation for moral damages. 蘑菇视频AT held that there was enough evidence produced that the amount of compensation for moral damages had been paid into the staff member’s bank account. 蘑菇视频AT held that the payment of the compensation constituted an acceptance of the Secretary-General of the 蘑菇视频DT judgment. 蘑菇视频AT held that the appeal was, therefore, moot. 蘑菇视频AT rejected the staff member’s claim for costs against the Secretary-General because of abuse of process. 蘑菇视频AT held that although the Secretary-General’s appeal had no merit, it...
2014-蘑菇视频AT-460, Ngokeng
蘑菇视频AT considered the Secretary-General's appeal of judgment on Receivability No. 蘑菇视频DT/2013/061 and of judgment on the Merits No. 蘑菇视频DT/2013/101. 蘑菇视频AT held that the appeal of the judgment on Receivability was timely. 蘑菇视频AT found that 蘑菇视频DT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. 蘑菇视频AT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...
2014-蘑菇视频AT-443, Hunt-Matthes
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member’s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey’s summary of evidence. 蘑菇视频AT held that 蘑菇视频DT erred in not attaching any importance to this omission. 蘑菇视频AT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. 蘑菇视频AT held that the Secretary-General...
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...