2010-蘑菇视频AT-099, Nwuke
蘑菇视频AT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. 蘑菇视频AT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. 蘑菇视频AT held that 蘑菇视频DT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...
2010-蘑菇视频AT-096, Antaki
蘑菇视频AT considered an appeal by the staff member. 蘑菇视频AT held that the evidence supported the conclusion that the decision not to appoint the Appellant was overall lawful and did not violate her rights. 蘑菇视频AT noted that the Appellant was not deprived of any significant chance of being promoted because there were other candidates ranked higher than her. 蘑菇视频AT held that the Appellant did not demonstrate any errors in the 蘑菇视频DT judgment regarding the merits of the administrative decision that would warrant 蘑菇视频AT’s intervention. 蘑菇视频AT held that the Appellant did not demonstrate that she was not properly...
2010-蘑菇视频AT-085, Beaudry
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that an expression of interest by a staff member in the renewal of his or her appointment does not create a right of renewal. 蘑菇视频AT held that the document that Ms Beaudry signed acknowledging her performance rating and the recommendation of her supervisor for no further extension of her appointment was decisive documentary evidence in the case; she knew that the section of the form, providing details of the justification for the recommendation for non-extension, was not completed and nonetheless acknowledged the recommendation. 蘑菇视频AT...
2010-蘑菇视频AT-060, Wasserstorm
蘑菇视频AT, applying Bertucci (2010-蘑菇视频AT-062), rejected as not receivable an interlocutory appeal against 蘑菇视频DT’s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within 蘑菇视频DT’s jurisdiction. The alleged lack of jurisdiction of 蘑菇视频DT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. 蘑菇视频AT further held that the appeal against 蘑菇视频DT’s order for production of the OIOS...
2010-蘑菇视频AT-049, Planas
蘑菇视频AT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. 蘑菇视频AT held that 蘑菇视频DT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. 蘑菇视频AT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. 蘑菇视频AT dismissed the appeal and...
2010-蘑菇视频AT-038, Adwan
蘑菇视频AT preliminarily held that the appeal was time-barred. 蘑菇视频AT held that even if the appeal was not time-barred, it would be dismissed on merits. 蘑菇视频AT was satisfied that the established facts showed that the Appellant engaged in misconduct warranting a disciplinary measure. 蘑菇视频AT held that the imposed sanction was proportionate to the offence. 蘑菇视频AT further held that the Appellant did not demonstrate any violation of her due process rights. 蘑菇视频AT dismissed the appeal and affirmed the impugned decision to demote the Appellant.
2010-蘑菇视频AT-040, Aqel
蘑菇视频AT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. 蘑菇视频AT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. 蘑菇视频AT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, 蘑菇视频AT held that it...
2010-蘑菇视频AT-024, Haniya
蘑菇视频AT affirmed the Commissioner-General’s decision to terminate the staff member for misconduct. 蘑菇视频AT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. 蘑菇视频AT held that where termination of service is connected to any type of investigation of a staff member’s possible misconduct, it must be reviewed as a disciplinary measure. 蘑菇视频AT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-蘑菇视频AT-018 (Mahdi)
2010-蘑菇视频AT-023, Nock
蘑菇视频AT affirmed the 蘑菇视频JSPB’s decision denying the staff member’s request for restoration of her first participation period. 蘑菇视频AT found that the amended Article 24 of the 蘑菇视频JSPF’s Regulations only allowed for restoration of a participant’s most recent period of contributory service and that the staff member had requested restoration of a participation period which was not the most recent one.
2010-蘑菇视频AT-007, El-Zaim
蘑菇视频AT considered the Appellant’s appeal and had to determine: whether her marriage to the late former staff member was legally valid at the time of his separation from the Organisation in 1998; and whether the Organisation created a legal expectancy of acknowledgement of benefits to the Appellant. 蘑菇视频AT found that the former staff member’s alleged divorce from his first wife was not legally valid because the authorities pronouncing it were not competent and did not apply the law under which the marriage had been concluded. It follows that his second marriage to the Appellant was not valid at the...