2015-蘑菇视频AT-598, Thweib
蘑菇视频AT considered an appeal by the Appellant of judgment No. 蘑菇视频RWA/DT/2015/003. 蘑菇视频AT held that the Appellant failed to demonstrate that 蘑菇视频RWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member’s claim and rights, solving the previous irregularity. 蘑菇视频AT noted that the Appellant’s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...
2015-蘑菇视频AT-594, El Saleh
蘑菇视频AT considered appeals of both judgment Nos. 蘑菇视频RWA/DT/2014/026 (judgment on the merits) and 蘑菇视频RWA/DT/2014/051 (judgment on revision). 蘑菇视频AT held that the appeal against the judgment on the merits was filed out of time and was not receivable. 蘑菇视频AT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by 蘑菇视频RWA DT. 蘑菇视频AT held that the appeal constituted an impermissible attempt to reargue the merits of the case. 蘑菇视频AT held that the fact upon which the Appellant had based his revision application did...
2015-蘑菇视频AT-567, Fedorchenko
蘑菇视频AT had before it an application for correction of judgment and an application for interpretation of judgment for judgment No. 2015-蘑菇视频AT-499, both submitted by Mr Fedorchenko. 蘑菇视频AT held that Mr Fedorchenko’s applications did not come within the criteria set forth in the relevant statutory provisions. On the application for correction, 蘑菇视频AT held that Mr Fedorchenko did not cite any clerical or arithmetical mistake to justify a correction of judgment and failed to identify any meaning or scope of the judgment to justify interpretation or identify which sentences or words were unclear or...
2015-蘑菇视频AT-565, Saffir
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT allowed the appeal on the grounds that 蘑菇视频DT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. 蘑菇视频AT held that it disagreed with 蘑菇视频DT on the matter of receivability and that there was no administrative decision capable of being appealed before 蘑菇视频DT. 蘑菇视频AT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of...
2015-蘑菇视频AT-561, Pirraku
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT affirmed, albeit on different grounds, the 蘑菇视频DT award of compensation to Mr Pirraku. 蘑菇视频AT observed that the issues surrounding Mr Pirraku’s non-promotion should not have been presented to, or addressed by, 蘑菇视频DT. 蘑菇视频AT held that the issues regarding Mr Pirraku’s non-promotion were the subject of a settlement and release agreement reached through mediation and, as such, were not subject to judicial review. 蘑菇视频AT held that the issue for 蘑菇视频DT’s determination was the execution of the settlement agreement. 蘑菇视频AT held that the issues of...
2015-蘑菇视频AT-546, Staedtler
蘑菇视频AT held that the Appellant did not establish any procedural errors warranting the reversal of the judgment. 蘑菇视频AT held that there was no evidence of any adverse administrative decision that stemmed from the Appellant’s performance appraisal and that the comments of his Second Reporting Officer (SRO) reflected no more than a legitimate exercise of administrative hierarchy evaluating employees, and did not of itself constitute an independent, administrative decision capable of being appealed. 蘑菇视频AT held that 蘑菇视频DT correctly concluded that the Appellant’s challenge which related to the comments of...
2015-蘑菇视频AT-537, Wishah
蘑菇视频AT considered an appeal by the Commissioner-General. 蘑菇视频AT held that 蘑菇视频RWA DT set out the correct legal framework, but thereafter erroneously reviewed the evidence and interfered with the administrative discretion, since 蘑菇视频RWA had established the misconduct by clear and convincing evidence. 蘑菇视频AT held that 蘑菇视频RWA DT erred in law in its evaluation of the evidence and that 蘑菇视频RWA had established the existence of the facts warranting disciplinary sanction. 蘑菇视频AT held that the procedure and the subsequent decision were lawful and there was no basis to rescind the termination or to award any...
2015-蘑菇视频AT-539, Aliko
蘑菇视频AT considered appeals by both Mr Aliko and the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT correctly concluded that Mr Aliko’s application contesting the decision refusing his request to change nationality for 蘑菇视频 purposes was time-barred. 蘑菇视频AT held that 蘑菇视频DT did not err in rejecting as not receivable Mr Aliko’s claims against the decisions on his ineligibility for education grant and on education grant recovery. 蘑菇视频AT held that it was lawful for the Administration to use Mr Aliko’s pending entitlements to recover part of his indebtedness to the Organisation. 蘑菇视频AT held that 蘑菇视频DT erred in concluding...
2015-蘑菇视频AT-530, Ovcharenko et al.
蘑菇视频AT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of 蘑菇视频AT, 蘑菇视频AT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. 蘑菇视频AT held that 蘑菇视频DT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. 蘑菇视频AT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of...
2015-蘑菇视频AT-523, Portillo Moya
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT erred in law in concluding that the imposed disciplinary sanction was disproportionate and consequently substituting it for a lesser one. 蘑菇视频AT held that serious misconduct was established and the disciplinary measure of separation from service without termination indemnity was proportionate. 蘑菇视频AT noted that the misconduct put public health at risk as the food was distributed with altered expiration dates to hide the fact of its expiration. 蘑菇视频AT held that the imposed sanction was neither absurd nor disproportionate and...
2015-蘑菇视频AT-508, Nwuke
蘑菇视频AT considered both an appeal by the Secretary-General and also a cross-appeal by Mr Nwuke requesting additional compensation. 蘑菇视频AT held that 蘑菇视频DT erred in law in deciding that the appointment of the rostered candidate was unlawful and in breach of Mr Nwuke’s rights. 蘑菇视频AT held that no illegality occurred and that the appointment was entirely within the Administration’s discretion, which was not abusive. 蘑菇视频AT allowed the Secretary-General’s appeal, vacated the 蘑菇视频DT judgment and dismissed Mr Nwuke’s cross-appeal.
2015-蘑菇视频AT-511, Bastet
蘑菇视频AT considered appeals by both the Secretary-General and Mr Bastet. 蘑菇视频AT held that the disciplinary measure was regularly adopted by an individual properly vested with the delegated authority to make that decision and that therefore, the imposition of the disciplinary measure was valid and its rescission as ordered by 蘑菇视频DT had to be vacated. 蘑菇视频AT upheld the appeal from the Secretary-General, accepting the argument that Staff Rule 10. 1(c) expressly provided that the authority to impose disciplinary measures was vested in the Secretary-General or officials with delegated authority and did not...
2015-蘑菇视频AT-499, Fedorchenko
On the question of maintaining confidentiality, 蘑菇视频AT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. 蘑菇视频AT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member’s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. 蘑菇视频AT held that the specific provisions of ICAO’s personnel instruction should have led to a...
2014-蘑菇视频AT-492, Gakumba
蘑菇视频AT considered Mr Gakumba’s application for revision of judgment No. 2013-蘑菇视频AT-387. 蘑菇视频AT held that it did not fulfil the statutory requirements and was seemingly disguised as an attempt to re-open the case. 蘑菇视频AT held that it would be manifestly unreasonable to submit that the 蘑菇视频DP Conversion Policy issued in 2010 could not be argued by the staff member in 2012 before the 蘑菇视频DT, or in 2013 before 蘑菇视频AT. 蘑菇视频AT held that no valid reason had been provided about the untimely submission of the application for revision. 蘑菇视频AT dismissed the application for revision.
2014-蘑菇视频AT-485, Carrabregu
蘑菇视频AT considered the Secretary-General’s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. 蘑菇视频AT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with 蘑菇视频DP to take up an appointment with a different entity (蘑菇视频V), thereby causing a break in service. 蘑菇视频AT held that this break in service should have led 蘑菇视频DT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. 蘑菇视频AT further noted that Ms Carrabregu’s service to 蘑菇视频V could not be...
2014-蘑菇视频AT-487, Ruyooka
蘑菇视频AT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the 蘑菇视频DT judgment. 蘑菇视频AT held that 蘑菇视频DT correctly concluded that the termination of the Appellant’s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. 蘑菇视频AT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to...
2014-蘑菇视频AT-477, Charles
蘑菇视频AT held that the Appellant did not succeed in establishing any error of fact or law that would warrant reversal of the 蘑菇视频DT judgment. 蘑菇视频AT held that 蘑菇视频DT correctly concluded that the non-selection of the Appellant was not vitiated by any improper motive. 蘑菇视频AT noted that, even if the alleged flaws were to be considered irregularities, they would not be important enough to render the proceedings null or to reflect a violation of rights and actual harm or discrimination suffered by the Appellant. 蘑菇视频AT held that no compensation should be awarded to the Appellant, as no illegality or breach of...
2014-蘑菇视频AT-466, Saffir and Ginivan
蘑菇视频AT considered the appeals by the Secretary-General challenging 蘑菇视频DT’s determination that the decision not to investigate 蘑菇视频SU election matters was receivable. 蘑菇视频AT held by majority that the appeal was not receivable, based on jurisprudence that a party may not appeal against a judgment in which it has prevailed. 蘑菇视频AT noted that although 蘑菇视频DT reviewed the merits of the decision despite the Secretary-General’s argument that the decision was not receivable ratione materiae, 蘑菇视频DT found in favour of the Secretary-General. 蘑菇视频AT held that, as there was no negative impact to the Secretary-General...
2014-蘑菇视频AT-465, Gonzalez-Hernandez
As a preliminary matter, 蘑菇视频AT denied the Appellant’s request for an oral hearing. 蘑菇视频AT noted that 蘑菇视频JSPF correctly applied Article 45 of the 蘑菇视频JPSF Regulations and relied on an internationally binding judgment about spousal and child support, issued by an Austrian court, which was not contradicted by the divorce decree issued by a Portuguese court. 蘑菇视频AT found no error of law or fact such as to vitiate the contested decision and upheld 蘑菇视频JSPF’s “reasoned and well-founded decision.” 蘑菇视频AT dismissed the appeal and upheld the 蘑菇视频JPSB decision.
2014-蘑菇视频AT-452, Audeh
蘑菇视频AT found that the Appellant and her counsel were provided with an adequate opportunity to file an application in a timely manner, but failed to do so, causing her application before 蘑菇视频RWA DT to be non-receivable. 蘑菇视频AT further held that, even if it were to disregard the untimely submission of the application before 蘑菇视频RWA DT, the application would remain non-receivable because the Appellant did not seek in a timely manner the required request for review of the contested administrative decision she intended to overturn. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.