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2015-蘑菇视频AT-599, Ten Have
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 and fact in ordering the refund of the recovery of the overpayments for two months. 蘑菇视频AT held that Ms Ten Have was aware of the overpayment in April 2013 and therefore, the general rule of Section 3. 1 of ST/AI//2009/1 was applicable and the recovery of the two months overpayments was not excessive since the limit of two years could not be applied due to the staff member’s awareness of the overpayments as of April 2013, regardless of her previous ignorance or bona fide. 蘑菇视频AT also held that as no request for...
2015-蘑菇视频AT-602, Zamel
蘑菇视频AT held that the allegations of irregularity raised by the Appellant were supported by evidence. 蘑菇视频AT noted that it was hard to comprehend how the Appellant’s post suddenly became redundant when at the same time around 75 per cent of its functions were to be transferred to a consultant. 蘑菇视频AT further noted that even though the new organisational structure was not approved until September 2013, as early as June 2013, the abolition of the Appellant’s post had already been decided and was communicated to him by his supervisor, against whom the Appellant filed a complaint of abuse of power. 蘑菇视频AT...
2015-蘑菇视频AT-603, Niedermayr
蘑菇视频AT held that it was disingenuous for 蘑菇视频RWA to suggest that the Appellant’s transfer application was considered in the same manner as the two candidates who were selected from the roster. 蘑菇视频AT held that 蘑菇视频RWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant’s due process entitlements. 蘑菇视频AT held that 蘑菇视频RWA DT erred in law in relying on the authority of the Director of 蘑菇视频RWA Affairs, Lebanon, to reject the Appellant’s application for assignment. 蘑菇视频AT did not uphold the contention that the Appellant had a legitimate...
2015-蘑菇视频AT-601, Karseboom
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT found merit in the Secretary-General’s submission that 蘑菇视频DT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...
2015-蘑菇视频AT-583, Lee
On the Appellant’s claim that 蘑菇视频DT erred in failing to hold an oral hearing, 蘑菇视频AT held that 蘑菇视频DT was in possession of the respective applications and documentation which it considered to be sufficient to make the relevant decisions to facilitate the fair and expeditious disposal of the case. 蘑菇视频AT held that 蘑菇视频DT correctly found that the Appellant did not contest an administrative decision and therefore, there was no legal basis to support the contention that she had a right to be informed of the identity of the decision-makers, noting that she had been informed on several occasions that it was...
2015-蘑菇视频AT-584, Gebremariam
蘑菇视频AT refused the Appellant’s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to 蘑菇视频DT. 蘑菇视频AT held that 蘑菇视频DT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. 蘑菇视频AT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his 蘑菇视频DT application, and by corollary should then have removed the written reprimand and all reference to it...
2015-蘑菇视频AT-586, Alobwede
蘑菇视频AT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. 蘑菇视频AT held that 蘑菇视频DT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. 蘑菇视频AT held that the adverse effect on Mr Alobwede was not supported by evidence. 蘑菇视频AT held that the ICTR Registrar’s decision was lawful, and 蘑菇视频DT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. 蘑菇视频AT held that 蘑菇视频DT erred in the level of award. 蘑菇视频AT held that the Secretary...
2015-蘑菇视频AT-587, Faraj
蘑菇视频AT had before it an appeal by the staff member limited to the award of compensation. 蘑菇视频AT noted that 蘑菇视频RWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. 蘑菇视频AT held that there was no error in this regard. 蘑菇视频AT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, 蘑菇视频RWA DT was conscious of the Appellant’s claims for loss of opportunity. 蘑菇视频AT held that, in view of...
2015-蘑菇视频AT-588, Awan
蘑菇视频AT held that it could find no fault with the 蘑菇视频DT’s conclusion that the application was not receivable ratione materiae, which accorded with 蘑菇视频AT’s jurisprudence. 蘑菇视频AT held that, since that ground was sufficient to affirm the 蘑菇视频DT judgment and to dismiss the appeal, there was no need for it to determine whether the application before 蘑菇视频DT challenged a specific implied administrative decision on the part of 蘑菇视频ICEF or whether the Appellant was merely making general complaints about 蘑菇视频ICEF’s failure to protect him. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2015-蘑菇视频AT-589, Salem
蘑菇视频AT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. 蘑菇视频AT held that the procedural errors did not amount to an abuse of power. 蘑菇视频AT held that absent an abuse of power, the compensation for moral damages had to be vacated. 蘑菇视频AT granted the appeal, rejected the cross-appeal, and vacated the 蘑菇视频RWA DT judgment in its entirety.
2015-蘑菇视频AT-590, Applicant
蘑菇视频AT had before it the Secretary-General’s appeal against judgment Nos. 蘑菇视频DT/2013/004 (judgment on receivability) and 蘑菇视频DT/2013/128 (judgment on the merits). 蘑菇视频AT held that there was no reason to upset the 蘑菇视频DT’s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. 蘑菇视频AT held, affirming 蘑菇视频DT’s finding, that the Applicant’s application was receivable by 蘑菇视频DT. Noting that the Applicant commenced employment with 蘑菇视频ICEF less than three months after her separation and with no reduction in level or step from her previous role, 蘑菇视频AT...
2015-蘑菇视频AT-600, James
蘑菇视频AT affirmed 蘑菇视频DT’s finding that the staff member’s claim that the Organisation was negligent in carrying out his unsuccessful cataract surgery, owed him compensation of USD 2 million, and failed to separate him in a timely manner on health grounds were not receivable since he had failed to request management evaluation under Article 8.1(c) of the 蘑菇视频DT Statute and Staff Rule 11.2(a). 蘑菇视频AT rejected his contention that the impugned decisions were based on the advice of technical bodies, namely the ABCC, the Medical Services Division, and the Medical Board and that he was therefore not required...
2015-蘑菇视频AT-580, Kalil
蘑菇视频AT considered an appeal against Order No. 057 (蘑菇视频RWA/DT/2014) and judgment No. 蘑菇视频RWA/DT/2014/027. 蘑菇视频AT rejected the Appellant’s request for confidentiality and for the redaction of his name from the 蘑菇视频RWA DT judgment and affirmed 蘑菇视频RWA DT’s reasoning. 蘑菇视频AT denied the Appellant’s request to submit new evidence to 蘑菇视频AT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. 蘑菇视频AT held that it was for 蘑菇视频RWA DT to consider that it...
2015-蘑菇视频AT-581, Selim
蘑菇视频AT held that the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. 蘑菇视频AT held that 蘑菇视频DT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. 蘑菇视频AT held that 蘑菇视频DT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...
2015-蘑菇视频AT-582, Kacan
蘑菇视频AT held that 蘑菇视频DT’s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. 蘑菇视频AT held that 蘑菇视频DT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that 蘑菇视频DT was unable to find any such evidence, 蘑菇视频AT held that the Appellant’s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. 蘑菇视频AT held that it was satisfied that 蘑菇视频DT’s...
2015-蘑菇视频AT-608, Teklu
蘑菇视频AT held that the Standing Committee correctly determined that the applicable rules provide that the pension participant is required to inform 蘑菇视频JPSF in writing of the benefit election made and of any commutation elected and that there was no provision for third party advisement. 蘑菇视频AT held that the Standing Committee’s reliance on Article 30(b) of the 蘑菇视频JSPF Regulations as a rationale for its finding that a deferred retirement benefit became payable to Ms. Assebe upon her separation from service was flawed on the basis that she did not elect for a deferred retirement benefit. 蘑菇视频AT held that...
2015-蘑菇视频AT-585, Likuyani
蘑菇视频AT considered a request for revision of judgment No. 2013-蘑菇视频AT-297. 蘑菇视频AT noted that the application for revision was filed more than six months beyond the time limit. 蘑菇视频AT held that the application for revision was not receivable ratione temporis. 蘑菇视频AT dismissed the appeal.
2015-蘑菇视频AT-569, Pio
蘑菇视频AT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), 蘑菇视频JSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. 蘑菇视频AT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. 蘑菇视频AT held that it was satisfied that such a decision was a proper...
2015-蘑菇视频AT-570, Hajdari
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. 蘑菇视频AT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. 蘑菇视频AT held that Mr Hajdari never challenged his separation from service from 蘑菇视频MIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. 蘑菇视频AT held that Mr Hajdari’s...
2015-蘑菇视频AT-571, Weerasooriya
蘑菇视频AT held that the 蘑菇视频DT’s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the 蘑菇视频FPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to 蘑菇视频FPA. 蘑菇视频AT rejected 蘑菇视频DT’s finding that the timing of the decision to terminate the Appellant’s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. 蘑菇视频AT held that it would be unreasonable to require the Administration to restart the termination...