2012-蘑菇视频AT-205, Marsh
The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, 蘑菇视频AT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, 蘑菇视频AT noted that not every violation of due process will necessarily lead to an award of compensation...
2012-蘑菇视频AT-194, Kamunyi
蘑菇视频AT considered Mr Kamynyi’s appeal and the Secretary-General’s cross-appeal. 蘑菇视频AT rejected Mr Kamunyi’s appeal in its entirety and held that it is within the Administration’s discretion to reassign a staff member to a different post at the same level and that such a reassignment is lawful if it is reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. 蘑菇视频AT held that 蘑菇视频DT rightfully rejected Mr Kamunyi’s request for legal costs, noting that no legal costs were owed to a party when the opposing party had not abused the process. With...
2012-蘑菇视频AT-195, Shahatit
蘑菇视频AT considered the Appellant’s appeal. 蘑菇视频AT noted that the established facts showed that the Appellant’s negligence as Head Storekeeper facilitated the misconduct of other staff members and his negligence was evidenced by the excess of merchandise in the storeroom under his control, and by his failure to keep an inventory of the items in his custody. 蘑菇视频AT held that the Appellant neither successfully rebutted these facts, nor demonstrated any flaws in the administrative and disciplinary procedures. 蘑菇视频AT held that the sanction of demotion was lawful. 蘑菇视频AT dismissed the appeal and affirmed the...
2011-蘑菇视频AT-188, Harding
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the 蘑菇视频DT judgment with interest was excessive. 蘑菇视频AT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. 蘑菇视频AT held that a total of 2. 5 years’ net...
2011-蘑菇视频AT-182, O'Neill
蘑菇视频AT concurred with 蘑菇视频DT that the Appellant neither appealed the administrative decision not to select him for the post, nor challenged the selection process or the JAB’s conclusion, but rather he discussed the release of a Confidential Letter which occurred after the selection process. 蘑菇视频AT held that 蘑菇视频DT was correct in finding that the appeal was not receivable with respect to the non-promotion. 蘑菇视频AT held that the Appellant failed to establish that 蘑菇视频DT committed errors warranting the reversal of its determination that his challenge to the decision to release the Confidential Letter was not...
2011-蘑菇视频AT-183, Bowen
蘑菇视频AT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. 蘑菇视频AT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. 蘑菇视频AT held that the compensation awarded by 蘑菇视频DT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. 蘑菇视频AT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory...
2011-蘑菇视频AT-177, Tabari
On the issue of receivability, 蘑菇视频AT noted that not taking a decision was also a decision. 蘑菇视频AT noted that the alleged discrimination was based on a comparison between the claimant and staff members of a different category, namely international staff members. 蘑菇视频AT held that the general principle of equal pay for equal work does not prevent a legislative body or the Administration from establishing different treatments for different categories of workers or staff members if the distinction is made on the basis of lawful goals. 蘑菇视频AT held that there was no discrimination when the non-payment of...
2011-蘑菇视频AT-159, Igbinedion
蘑菇视频AT considered appeals by the Secretary-General of Order Nos. 30 (NBI/2011) and 33 (NBI/2011). Order No. 30 (NBI/2011) extended the suspension of action until 13 May 2011, beyond the date on which the management evaluation was completed. 蘑菇视频AT held that 蘑菇视频DT should have granted a suspension until 13 May 2011 or until the completion of management evaluation if the latter was earlier. 蘑菇视频AT held that 蘑菇视频DT exceeded its jurisdiction and committed an error of law. Order No. 33 (NBI/2011) extended the suspension until the final determination of the case, and therefore beyond the completion of...
2011-蘑菇视频AT-163, Masri
蘑菇视频AT considered an application for revision judgment No. 2010-蘑菇视频AT-098. 蘑菇视频AT held that the application did not meet the statutory requirements of the 蘑菇视频AT Statute. 蘑菇视频AT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by 蘑菇视频AT for vacating the 蘑菇视频DT judgment and affirming the administrative decision of summary dismissal. 蘑菇视频AT held that the application was not admissible since it repeated an argument already examined and...
2011-蘑菇视频AT-156, Taylor
蘑菇视频AT held that the Appellant was essentially seeking an amendment to the Regulations of the 蘑菇视频JPSF in such a way as to enable her benefit to be paid retroactively to the date of the death in service of her husband, which was prior to 1 April 1999. 蘑菇视频AT held that the criteria proposed by the Appellant to pay the benefit were not in force to be applied to her case. 蘑菇视频AT held that the 蘑菇视频JSPF correctly applied the 蘑菇视频JSPF Regulations. 蘑菇视频AT dismissed the appeal and affirmed the impugned decision.
2011-蘑菇视频AT-157, Onana
蘑菇视频AT held that the appeal was not receivable because it was not filed within the deadline. 蘑菇视频AT held that there were no exceptional circumstances for it to waive the time limits. 蘑菇视频AT was not persuaded that the Appellant did not receive the 蘑菇视频DT judgment or any notification of the judgment, as he had actual knowledge of the judgment. 蘑菇视频AT held that the Appellant’s right to due process of law was not violated. 蘑菇视频AT held that the appeal was not receivable as it was time-barred. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2011-蘑菇视频AT-151, Kaddoura
As a preliminary issue, 蘑菇视频AT held that 蘑菇视频DT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. 蘑菇视频AT held that the Appellant failed to demonstrate that 蘑菇视频DT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. 蘑菇视频AT held that 蘑菇视频DT did not err by failing to order the Appellant’s...
2011-蘑菇视频AT-147, Osman
蘑菇视频AT noted that, in finding the application to be time-barred, 蘑菇视频DT considered whether any exceptional circumstances existed to allow a waiver of the time limits and found that neither health problems nor the need to replace counsel constituted justification in the specific circumstances of the case. 蘑菇视频AT held that the Appellant failed to demonstrate any error warranting the reversal of the first instance judgment, whose conclusions it endorsed, as they relied on a correct application of the law. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2011-蘑菇视频AT-129, Beaudry
蘑菇视频AT considered Ms Beaudry’s application for revision of judgment No. 2010-蘑菇视频AT-129. 蘑菇视频AT held that Ms Beaudry’s arguments were irrelevant if they did not meet the requirements clearly established in the 蘑菇视频AT Statute to ensure the finality of a judgment. 蘑菇视频AT held that the application did not meet the requirements of Article 11 of the 蘑菇视频AT Statute and therefore was manifestly inadmissible. 蘑菇视频AT dismissed the application.
2011-蘑菇视频AT-125, Beaudry
蘑菇视频AT considered an appeal against judgment No. 蘑菇视频DT/2010/146 on compensation by the Secretary-General. 蘑菇视频AT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. 蘑菇视频AT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by 蘑菇视频DT no longer existed. 蘑菇视频AT dismissed the appeal (as unnecessary) and vacated the 蘑菇视频DT judgment.
2011-蘑菇视频AT-118, Abu-Hawaila
蘑菇视频AT was not persuaded that 蘑菇视频DT erred in its judgment. 蘑菇视频AT held that, at the time of receipt of his settlement offer, the time limit to file the application to 蘑菇视频DT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. 蘑菇视频AT held that the exceptional suspension of time limits provided for under Article 8(1) of the 蘑菇视频DT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. 蘑菇视频AT held that the settlement...
2011-蘑菇视频AT-112, Abbasi
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that no gender discrimination took place against Ms Abbasi. 蘑菇视频AT held that 蘑菇视频DT erred in finding that there was gender discrimination against her. 蘑菇视频AT held that the Administration applied 蘑菇视频ICEF’s Gender Parity and Equality Policy in Ms Abbasi’s favour. 蘑菇视频AT did not find any violation of the right to be equally considered – or even favoured for reasons of gender – in the evaluation criteria applied or in the decisions taken by 蘑菇视频ICEF during the selection process. 蘑菇视频AT upheld the appeal and vacated the 蘑菇视频DT judgment.
2011-蘑菇视频AT-113, Kamanou
蘑菇视频AT held that 蘑菇视频DT erred in deciding to review the non-attribution issue separately from the other issues. 蘑菇视频AT held that the appeal was receivable because 蘑菇视频DT had committed an error in procedure such as to affect the decision of the case. 蘑菇视频AT upheld the appeal, annulled the judgment and remanded the case to 蘑菇视频DT for a de novo review.
2010-蘑菇视频AT-097, Dumornay
蘑菇视频AT preliminarily rejected the Appellant’s request to present additional evidence. On the merits, 蘑菇视频AT held that the Appellant did not demonstrate that 蘑菇视频DT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. 蘑菇视频AT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. 蘑菇视频AT held that there was no evidence to support the allegations of...
2010-蘑菇视频AT-098, Masri
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the 蘑菇视频AT RoP. 蘑菇视频AT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. 蘑菇视频AT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed 蘑菇视频 Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...