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2017-蘑菇视频AT-807, Rockcliffe
蘑菇视频AT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the 蘑菇视频SPC once they met the prerequisites for election, which they did. 蘑菇视频AT held that both staff members were duly elected members of the 蘑菇视频SPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. 蘑菇视频AT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...
2017-蘑菇视频AT-808, Likukela
蘑菇视频AT considered an application for revision of judgment No. 2017-蘑菇视频AT-737 filed by Ms Likukela. As a preliminary matter, 蘑菇视频AT denied her motion to supply additional filings. 蘑菇视频AT held that Ms Likukela presented no new and/or decisive fact which at the time the judgment was rendered was unknown within the meaning of Article 11(1) of the 蘑菇视频AT Statute. 蘑菇视频AT dismissed the application for revision and affirmed the 蘑菇视频AT judgment.
2017-蘑菇视频AT-809, Mbaa
蘑菇视频AT held that there was no basis for receiving the Appellant’s motion for additional pleadings (such as exceptional circumstances), that the motion raised no new or compelling arguments and, accordingly, dismissed the motion. 蘑菇视频AT held that 蘑菇视频DT correctly concluded that the application was time-barred and not receivable as a result of the Appellant’s failure to file his application within the established time limits. 蘑菇视频AT noted that the Appellant had been provided two opportunities to make his case before 蘑菇视频DT and on both occasions, he failed to provide the information. 蘑菇视频AT held that failing...
2017-蘑菇视频AT-796, Porter
蘑菇视频AT considered the appeal of the Secretary-General. 蘑菇视频AT held that the paragraphs of the 蘑菇视频DT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. 蘑菇视频AT held that 蘑菇视频DT erred in law in holding that the application for interpretation was receivable. 蘑菇视频AT held that 蘑菇视频DT should have dealt with the claim for interest in its judgment, but it omitted to do so. 蘑菇视频AT held that 蘑菇视频DT exceeded its competence by wrongly applying Article 12(3) of the 蘑菇视频DT Statute to alter the substance of its final ruling by...
2017-蘑菇视频AT-797, Benamar
蘑菇视频AT rejected the Appellant’s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by 蘑菇视频DT (by audio conference) as verified by 蘑菇视频AT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist 蘑菇视频AT with the expeditious and fair disposal of the case. On the Appellant’s motion for additional hearings, 蘑菇视频AT held that the documents contained arguments already submitted, although phrased differently, and no...
2017-蘑菇视频AT-798, Dibs
On the decision to postpone the separation on medical grounds, 蘑菇视频AT noted that a staff member had a right to be compensated for a service-incurred injury. 蘑菇视频AT found that 蘑菇视频RWA DT erred in law in determining the decision to postpone the Appellant’s separation on medical grounds until the end of the disciplinary process was lawful. Noting that the Appellant did not provide any evidence in support of his claim of psychological suffering (or harm), 蘑菇视频AT did not award moral compensation. On the issue of the SLWOP, given the nature and seriousness of the allegations against the Appellant, 蘑菇视频RWA DT...
2017-蘑菇视频AT-799, Bourne
蘑菇视频AT dismissed the appeal as not receivable, as the Appellant had failed to request a review of the 蘑菇视频JSPF decision before appealing to 蘑菇视频AT. 蘑菇视频AT remanded the matter for a hearing before the Standing Committee, treating the appeal as if correctly and timely filed as a request for decision review.
2017-蘑菇视频AT-800, King
蘑菇视频AT held that the appeal was not receivable ratione temporis, as he did not file it within the prescribed time limits. 蘑菇视频AT noted that even if the Appellant had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred by Article 7.4 of the 蘑菇视频AT Statute and was therefore not receivable. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2017-蘑菇视频AT-801, Faye
蘑菇视频AT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the 蘑菇视频SPC once they met the prerequisites for election, which they did. 蘑菇视频AT held that both staff members were duly elected members of the 蘑菇视频SPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. 蘑菇视频AT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as elected...
2017-蘑菇视频AT-802, Riecan
蘑菇视频AT considered an appeal from the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT did not correctly apply the law in considering Mr Riecan’s challenge to the selection for the post and made errors of law and fact in accepting the staff member’s application. On the 蘑菇视频DT’s finding that there was a duty of the assessment panel in the course of a selection process to consider the e-PAS reports of the candidate and reflect that consideration in its own report, 蘑菇视频AT held that (1) 蘑菇视频DT did not make reference to a specific provision providing for this duty; (2) the fact that the panel did not take into...
2017-蘑菇视频AT-803, Kalashnik
蘑菇视频AT held that a response (or non-response) to a request for management evaluation is a decision or action of a complementary nature, lacking in the qualities of finality and consequence, and thus will not constitute an administrative decision that is alleged to be in non-compliance with the terms of appointment or contract of employment as contemplated in Article 2(1) of the 蘑菇视频DT Statute. 蘑菇视频AT held that 蘑菇视频DT did not err in its finding that the application was not receivable ratione materiae and that it hence lacked jurisdiction.
2017-蘑菇视频AT-804, Fitsum
蘑菇视频AT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. 蘑菇视频AT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2017-蘑菇视频AT-805, Gorelova
蘑菇视频AT held that the requirements for 蘑菇视频AT jurisdiction were fulfilled. 蘑菇视频AT held that the appeal to AJAB was time-barred and also, as the Appellant failed to request administrative review under ICAO Staff Rule 111. 1(5), the appeal to AJAB was not receivable ratione materiae. 蘑菇视频AT held that a later request by the Appellant was not relevant to the question of receivability because although the later request was phrased differently, it was based on the same factual and substantive situation that had already been assessed under her previous, unsuccessful request for review of her post description...
2017-蘑菇视频AT-806, Maloof
蘑菇视频AT held that the 蘑菇视频DT properly dismissed the Appellant’s claims in relation to the non-renewal of his appointment and his reassignment as not receivable as they were time-barred. On the cancellation of his administrative leave, 蘑菇视频AT held that 蘑菇视频DT correctly found that there was no adverse decision affecting his conditions of employment. 蘑菇视频AT held that the decision to terminate the administrative leave and not to pursue disciplinary action was not an administrative decision in that it did not have any adverse legal consequences or impact for the Appellant. 蘑菇视频AT held that the decision to...
2017-蘑菇视频AT-794, Afeworki
Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, 蘑菇视频AT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. 蘑菇视频AT held that 蘑菇视频DT erred in its findings that the Application was not receivable. 蘑菇视频AT upheld the appeal, vacated the 蘑菇视频DT judgment, and remanded the case to 蘑菇视频DT for consideration on the merits.
2017-蘑菇视频AT-795, Rehman
蘑菇视频AT agreed with 蘑菇视频DT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. 蘑菇视频AT found no reason to differ from 蘑菇视频DT’s approach. 蘑菇视频AT supported 蘑菇视频DT’s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. 蘑菇视频AT suggested that 蘑菇视频DT and the Registries...
2017-蘑菇视频AT-784, Sarrouh
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT committed an error of law in deciding that the decisions not to nominate Ms Sarrouh for the IAAP’s further consideration for the RC positions for which she applied in August and November 2013 were unlawful. 蘑菇视频AT held that 蘑菇视频DT erred by conducting a de novo assessment of Ms Sarrouh’s performance and exceeded its competence. 蘑菇视频AT held that 蘑菇视频DT erred in law and exceeded its competence by substituting its own decision for that of the Administration regarding the outcome of the selection process. 蘑菇视频AT held that 蘑菇视频DT erred in...
2017-蘑菇视频AT-785, Smith
蘑菇视频AT held that the Secretary-General had the lawful authority to impose such a restriction, which objectively furthered the operational purposes of efficiency and short-term convenience and was proportional in its effects. 蘑菇视频AT held that the decision of the Administration to limit the appointment to 蘑菇视频MISS staff members was reasonable and that there was insufficient evidence to support a finding of discrimination or improper motive. Accordingly, 蘑菇视频AT vacated the 蘑菇视频DT judgment.
2017-蘑菇视频AT-786, Auda
蘑菇视频AT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, 蘑菇视频AT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. 蘑菇视频AT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...
2017-蘑菇视频AT-787, Auda
蘑菇视频AT considered an appeal by the staff member and an appeal by the Secretary-General. 蘑菇视频AT upheld both 蘑菇视频DT’s finding that the decision to close the investigation was improper as well as 蘑菇视频DT’s refusal to order rescission of that decision on account of the subject of the investigation having separated from the Organisation. 蘑菇视频AT, however, vacated 蘑菇视频DT’s moral damages award on the grounds that the staff member did not present any evidence, apart from his own unsworn testimony to support the claim. 蘑菇视频AT held that “generally speaking, the testimony of an applicant alone without corroboration by...