2023-蘑菇视频AT-1367, Mihai Nastase
L'蘑菇视频AT a examiné un appel interjeté par le fonctionnaire. L'蘑菇视频AT a estimé que le fonctionnaire s'était contenté de formuler des affirmations générales non étayées selon lesquelles il possédait les compétences et l'expérience requises pour conserver son poste. Le TANU a estimé que, comme l'avait estimé à juste titre le Tribunal, le fonctionnaire n'avait pas réussi à réfuter la présomption de régularité qui découlait de la simple démonstration d'un fondement rationnel à la décision. L'蘑菇视频AT a constaté que le dossier confirmait qu'il y avait eu une véritable restructuration qui avait conduit au...
2023-蘑菇视频AT-1361, AAO
L'蘑菇视频AT a estimé que le jugement du Tribunal était problématique parce que les conclusions du Tribunal semblaient être entièrement fondées sur des preuves par ou?-dire, c'est-à-dire les conclusions du rapport d'enquête du BSCI. L'蘑菇视频AT a observé que le jugement du Tribunal n'a pas expliqué les éléments de preuve sur lesquels reposait sa conclusion selon laquelle le harcèlement sexuel était hautement probable, et n'a formulé aucune conclusion explicite ou précise concernant les témoignages présentés sous serment à l'audience. L’incapacité du Tribunal à tirer des conclusions sur les témoignages qu...
2022-蘑菇视频AT-1274, Cevat Ozturk
The 蘑菇视频AT held that it was satisfied that execution of the 蘑菇视频DT Judgment (as affirmed by the 蘑菇视频AT) had occurred in Mr. Ozturk’s case. The Administration had complied with the 蘑菇视频AT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.
The 蘑菇视频AT observed that Mr. Ozturk appeared only to disagree with the “refund calculation” by the Administration for prior overpayments. However, the 蘑菇视频AT noted that implementation by the Administration of a Tribunal’s order constitutes in itself an...
2022-蘑菇视频AT-1306, Gautam Mukhopadhyay
蘑菇视频AT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. 蘑菇视频AT thus granted the Secretary-General's appeal and reversed the Second Judgment.
蘑菇视频AT found not receivable Mr. Mukhopadhyay’s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. 蘑菇视频AT found that he had made these claims for the first time on appeal and was...
2022-蘑菇视频AT-1305, Gudrun Fosse
The Secretary-General filed an appeal.
蘑菇视频AT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS’s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse’s insistence on working only...
2022-蘑菇视频AT-1299, Hiba Mohamad Abou Salah
The Commissioner-General appealed.
The 蘑菇视频AT held that insofar as the Agency's decision of 25 April 2019 rejecting the request for an SPOA might not have been unequivocal, that decision was reiterated in the e-mail of 17 June 2019 leaving no doubt that the Agency had decided then to pay Ms. Abou Salah an SPOA of 15 per cent rather than 25 per cent, possibly in breach of her contract. The fact that other persons subsequently sought to intervene on her behalf did not change that.
The 蘑菇视频AT found that Ms. Abou Salah’s subsequent correspondence, as well as correspondence written on her behalf...
2022-蘑菇视频AT-1297, Eman Abed & Osama Abed
The 蘑菇视频AT considered an appeal by the 蘑菇视频RWA staff members. The 蘑菇视频AT held that the 蘑菇视频RWA DT was incorrect in finding that the reminder letters were not reprimands for the purposes of Appellants being able to challenge the letters’ placement in their official status files. This was because such a reminder could not be considered a neutral action, but rather a warning of any possible disregard of the Agency’s regulatory framework. The 蘑菇视频AT found that to the eyes of an average person, such a reminder is undeniably akin to a reprimand.
The 蘑菇视频AT agreed with the Appellants that there is no 蘑菇视频RWA...
2022-蘑菇视频AT-1296, Deema Jarallah
蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT Judgment. 蘑菇视频AT held that the 蘑菇视频RWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.
蘑菇视频AT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency. An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...
2022-蘑菇视频AT-1272, Sahar Darweesh Hanjoury
The 蘑菇视频AT held that the 蘑菇视频DT correctly found that Ms. Hanjoury was informed on 1 March 2020 that she no longer had FS-5 Administrative Assistant Roster status. This 1 March 2020 email was clear notification of her roster status and the latest date that Ms. Hanjoury knew or reasonably should have known of the challenged decision, based on objective elements that both parties could accurately determine. As a result, Ms. Hanjoury’s request for management evaluation on 6 June 2021 was beyond the 60-day deadline and therefore her application to the 蘑菇视频DT was not receivable ratione materiae.
The...
2022-蘑菇视频AT-1270, Moayyad Naeem Dahoud
The 蘑菇视频AT considered an appeal by Mr. Dahoud.
The 蘑菇视频AT held that the 蘑菇视频RWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.
The 蘑菇视频AT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit. Nor does this medical...
2022-蘑菇视频AT-1287, Yussuf Ahmed Hassan
M. Hassan a fait appel du jugement du Tribunal.
L'蘑菇视频AT a estimé que l'appelant n'avait pas démontré que le Tribunal avait commis une erreur en concluant que sa requête n'était pas recevable ratione personae. L'蘑菇视频AT a conclu qu'au moment de la décision de non-sélection contestée, le requérant avait cessé ses fonctions depuis plus d'un an et n'était plus membre du personnel. Il s'agissait d'un candidat externe qui n'avait pas qualité pour contester la décision de ne pas le sélectionner pour le nouveau poste d'associé à la réinstallation, dans la mesure où la décision n'affectait pas ses anciens...
2022-蘑菇视频AT-1287, Yussuf Ahmed Hassan
Mr. Hassan appealed the 蘑菇视频DT judgment.
The 蘑菇视频AT held that the Appellant failed to demonstrate that the 蘑菇视频DT erred in finding that his application was not receivable ratione personae. 蘑菇视频AT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...
2022-蘑菇视频AT-1252, Alejandro Izurieta Canova
Oral hearing: Mr. Izurieta Canova applied in terms of Article 18(1) of the Rules of Procedure of the 蘑菇视频AT for an oral hearing to be held in this case. As this is a straightforward matter, not attended by any factual or legal complexity, 蘑菇视频AT did not consider that a hearing would assist in the expeditious and fair disposal of the case. For that reason, the application for an oral hearing was refused.
The question on appeal was whether the impugned recruitment cancellation decision by the Secretary-General of 蘑菇视频CTAD was a lawful and reasonable exercise of discretion?
The motive for the...
2022-蘑菇视频AT-1242, Ezzedine Loubani
蘑菇视频AT considered an appeal by Mr. Loubani. 蘑菇视频AT held that while a preliminary assessment [regarding potential evidence by witnesses nominated by Mr. Loubani to be interviewed] should have been made by the investigators, this was done by 蘑菇视频RWA DT, and the evidence found to be so inadequate as to be safely ignored.
Mr. Loubani had an opportunity to present this evidence before 蘑菇视频RWA DT, so that its proper assessment meant that his due process right was allowed, albeit belatedly. It would have made no difference to the outcome had the investigators done so. The investigators would have reached...
2022-蘑菇视频AT-1240, Ayesha Al Rifai
The 蘑菇视频AT noted that the simple issue arising in this appeal was whether it was appropriate and correct for the judge to have proceeded with the application for review of the contested decisions while the motion for recusal was pending. The 蘑菇视频AT held that the straightforward answer is that it was not.
An application for recusal can be brought at any time in the proceedings and is usually a difficult strategic choice for the party making the challenge. Such an application is made, typically, at the moment the party loses confidence in the judge. Its timing will depend on the circumstances. The...
2022-蘑菇视频AT-1239, Hassan Saleh
蘑菇视频AT held that Mr. Saleh’s complaints of procedural unfairness were unsustainable for the reasons stated by the 蘑菇视频DT and he had not discharged the burden incumbent upon him to satisfy the Appeals Tribunal that the 蘑菇视频DT Judgment was defective in that regard. He merely repeated the untenable submissions he made before the 蘑菇视频DT.
蘑菇视频AT took note that Mr. Saleh admitted to two counts of fraud. 蘑菇视频AT then held that Mr. Saleh’s conduct unquestionably damaged the trust relationship and the 蘑菇视频DT was correct to defer to the reasonable conclusion of the Administration that the damage was irreparable and...
2022-蘑菇视频AT-1227, Ade Mamonyane Beatrice Lekotje
The Secretary-General appealed the 蘑菇视频DT Judgment.
The 蘑菇视频AT found that the 蘑菇视频DT failed to address OAI’s investigation report, the acceptance of which led to Ms. Lekoetje’s severance from service. The investigation report was an important evidential element which should have been, but was not, examined and analyzed by the Dispute Tribunal. The 蘑菇视频DT was wrong to have dismissed the allegations of misconduct against Ms. Lekoetje without considering the investigation report’s evidence of them.
Because of the intertwined natures of the two relationships between 蘑菇视频DP and Ms. Lekoetje (landlord...
2022-蘑菇视频AT-1212, Lillian Ular
蘑菇视频AT agreed with the 蘑菇视频DT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, 蘑菇视频AT agreed that the application on this question was not receivable.
However, in regards to the finding that the Administration abused its authority in mishandling the Appellant’s sexual harassment complaint, 蘑菇视频AT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the 蘑菇视频DT made no ruling on this...
2022-蘑菇视频AT-1202, Elmira Banaj
蘑菇视频AT considered an appeal by Ms. Banaj against Judgment No. 蘑菇视频DT/2021/030.
蘑菇视频AT held that a reallocation of duties pending the outcome of an investigation as occurred in Ms. Banaj’s case is permissible as an interim measure in such circumstances, but not as the exercise of the general power of assignments available to the Secretary-General in Staff Regulation 1.2(c) […] But, under Staff Rule 10.4 and the Framework relating to interim measures pending an investigation and disciplinary process, there is an alternative measure of reallocation of duties available in such cases where the...
2022-蘑菇视频AT-1200, Elizabeth Dettori
The crucial question on appeal was whether the 蘑菇视频DT committed any error when it only referred for accountability the Chief of Investigations of OIAI but not the ED and other staff members of 蘑菇视频ICEF. The 蘑菇视频AT held that there was no error in the 蘑菇视频DT judgment, because it was within the Dispute Tribunal’s discretion to reject the applicant’s request for referral. The 蘑菇视频DT’s legal approach was correct. The 蘑菇视频DT decided not to refer the ED of 蘑菇视频ICEF for accountability because it was not shown that she had had any influence in the handling of applicant’s complaint. Ms. Dettori also did not show on...