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2015-蘑菇视频AT-516, Fiala
蘑菇视频AT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. 蘑菇视频DT/2014/007. 蘑菇视频AT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. 蘑菇视频AT held that there was no error of law or fact on the part of 蘑菇视频DT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for 蘑菇视频DT, 蘑菇视频AT held that the arguments advanced by the Secretary-General did not...
2015-蘑菇视频AT-517, Terragnolo
蘑菇视频AT held that there was no reason to depart from its prior analysis that the 蘑菇视频JSPF was not part of the Secretariat and neither the Secretary-General nor the executive head of any other member organisation, has authority over the management of 蘑菇视频JSPF or the independence of the Chief Executive Officer of 蘑菇视频JSPF in the administration of its staff. 蘑菇视频AT held that the Secretary-General had no power to interfere or intervene in the election of members to the 蘑菇视频JSPF’s staff pension committees; those elections were governed exclusively by 蘑菇视频JSPF Regulations. 蘑菇视频AT held that there was no error in 蘑菇视频DT...
2015-蘑菇视频AT-518, Oummih
蘑菇视频AT held that 蘑菇视频DT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. 蘑菇视频AT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. 蘑菇视频AT affirmed 蘑菇视频DT’s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...
2015-蘑菇视频AT-519, Ivanov
蘑菇视频AT held that the matter under investigation was closed and the Appellant had not presented any cogent argument to show that there were exceptional circumstances that might otherwise have entitled him to the investigation report. 蘑菇视频AT held that the Appellant was not entitled to receive a detailed copy of the investigation report. 蘑菇视频AT held that there was no evidence to support the argument that 蘑菇视频DT erred on questions of law and fact. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2015-蘑菇视频AT-520, Eng
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that the 蘑菇视频DT’s legal conclusion that the application was timely was erroneous. 蘑菇视频AT held that the application was not timely and not receivable ratione temporis. 蘑菇视频AT held that 蘑菇视频DT exceeded its competence or jurisdiction in receiving the application and addressing its merits. 蘑菇视频AT granted the appeal and vacated the 蘑菇视频DT judgment.
2015-蘑菇视频AT-521, Amany
On the Appellant’s argument that his non-renewal was a disguised disciplinary measure and that thus, management evaluation was not required, 蘑菇视频AT held that the argument had no merit and that the Appellant could not evade the statutory obligation of management evaluation by characterising the dispute decision as a disciplinary matter. 蘑菇视频AT held that 蘑菇视频DT properly considered the facts and the applicable statutory law and jurisprudence in arriving at its decision that the Appellant’s application was not receivable. 蘑菇视频AT held that, having failed to demonstrate that 蘑菇视频DT committed any error of law...
2015-蘑菇视频AT-522, Munir
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that there was no reason to reverse the finding of 蘑菇视频DT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. 蘑菇视频AT affirmed the 蘑菇视频DT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. 蘑菇视频AT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...
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-509, Nguyen-Kropp & Postica
蘑菇视频AT considered two appeals by the Secretary-General against three judgments (judgment Nos. 蘑菇视频DT/2013/028, 蘑菇视频DT/2013/029 and 蘑菇视频DT/2013/076). 蘑菇视频AT held that, generally speaking, appeals against a decision to initiate an investigation are not receivable as such a decision is preliminary in nature and does not, at that stage, affect the legal rights of the staff member. 蘑菇视频AT held that initiating an investigation is merely a step in the investigative process and it is not an administrative decision that 蘑菇视频DT is competent to review. 蘑菇视频AT held that 蘑菇视频DT erred on a question of law and exceeded its...
2015-蘑菇视频AT-496, Asariotis
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 finding that, pursuant to the Instruction Manual, a candidate for an advertised post was entitled to be apprised of the composition of the interview panel prior to the interview. 蘑菇视频AT held, however, that by pointing out that she had been previously interviewed for the post and that there were ongoing proceedings before 蘑菇视频DT regarding her challenge to a prior selection exercise, the staff member had put the Administration on notice of the importance she attached to the panel’s composition. 蘑菇视频AT held that...
2015-蘑菇视频AT-497, Chaaban
蘑菇视频AT considered two applications, one for correction and one for revision, relating to judgment No. 2013-蘑菇视频AT-363. 蘑菇视频AT held that Mr Chaaban failed to show any clerical or arithmetical mistake to justify the correction of the judgment. 蘑菇视频AT held that Mr Chaaban failed to identify any decisive fact unknown at the time of the judgment to warrant its revision. 蘑菇视频AT dismissed both applications.
2015-蘑菇视频AT-498, Nagayoshi
蘑菇视频AT held that the JAB did not err in limiting the scope of the Appellant’s application to the written reprimand, as the various other allegations raised were not the subject of a request for administrative review, and were therefore not receivable, and 蘑菇视频AT dismissed those grounds of appeal. 蘑菇视频AT held that the Appellant failed to establish any errors of fact that resulted in a manifestly unreasonable decision on the part of the JAB and dismissed that ground of appeal. 蘑菇视频AT held that the Appellant’s submission that the JAB may have been unduly influenced by the presence of the Registrar’s...
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...
2015-蘑菇视频AT-500, Said
蘑菇视频AT considered appeals by both Mr Said, limited to the amount of damages awarded, and by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT made several errors of law when it found 蘑菇视频ICEF’s decision not to renew Mr Said’s contract for poor performance was not supported by his Performance Evaluation Report (PER) and was unlawful. 蘑菇视频AT held that 蘑菇视频DT did not accord any deference to 蘑菇视频ICEF’s conclusion that Mr Said’s performance was poor and, instead, 蘑菇视频DT placed itself in the role of the decision-maker and determined whether it would have renewed the contract, based on the PER. 蘑菇视频AT held that 蘑菇视频DT made...
2015-蘑菇视频AT-501, Andreyev
蘑菇视频AT considered an appeal by the Secretary-General in which he appealed the order of the award of damages and averred that 蘑菇视频DT erred on questions of law and fact and exceeded its competence in awarding damages. 蘑菇视频AT held that the reasonable expectation of the duration of Mr Andreyev’s contract was one year and reduced the award of compensation in lieu of rescission. 蘑菇视频AT held that there was no evidence of harm to support the award for moral damages. 蘑菇视频AT granted the Secretary-General’s appeal, reduced the 蘑菇视频DT’s award of compensation in lieu of rescission to nine months’ net base salary, less...
2015-蘑菇视频AT-502, Khashan
蘑菇视频AT held that, in protesting against the non-inclusion of his Transitional Personal Allowance in his retirement benefit, the Appellant had failed to appreciate the distinction between an allowance and base salary. 蘑菇视频AT held that 蘑菇视频RWA DT correctly found that under the applicable Staff Rules, the Appellant’s retirement benefit did not include the Transitional Personal Allowance. 蘑菇视频AT found no error in the 蘑菇视频RWA DT’s finding that the Appellant had not submitted a timely request for decision review with respect to his allegation of impropriety of his transfer and that therefore that claim was...
2015-蘑菇视频AT-503, Hepworth
蘑菇视频AT considered an appeal of judgment No. 蘑菇视频DT/2013/151 by the Secretary-General. As a preliminary matter, 蘑菇视频AT held that 蘑菇视频DT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and 蘑菇视频AT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. 蘑菇视频AT held that 蘑菇视频DT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by 蘑菇视频AT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...
2015-蘑菇视频AT-504, Hassan
蘑菇视频AT held that the Appellant raised the same issues he raised before 蘑菇视频RWA DT and did not identify how the judgment was in any way defective. 蘑菇视频AT held that the Appellant did not identify any of the required grounds of appeal and failed to demonstrate that 蘑菇视频RWA DT committed any error of fact or law in arriving at its decision. 蘑菇视频AT held that the Appellant’s case was fully and fairly considered by 蘑菇视频RWA DT and found no error of law or fact in its decision. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.
2015-蘑菇视频AT-505, Benfield-Laporte
蘑菇视频AT considered both appeals by the Secretary-General and by Ms. Benfield-Laporte. 蘑菇视频AT affirmed 蘑菇视频DT’s finding that the ASG/OHRM did not err in deciding that the staff member’s complaint did not provide sufficient grounds to warrant a formal fact-finding investigation. 蘑菇视频AT held that the ASG/OHRM has a degree of discretion as to how to conduct a review and assessment of a complaint and to decide whether an investigation regarding all or some of the charges is warranted. 蘑菇视频AT held that where there is no risk of undermining the investigation, it is a good practice to hear both sides in order to...
2015-蘑菇视频AT-506, Nwuke
蘑菇视频AT considered both an appeal by the Secretary-General and a cross-appeal by Mr Nwuke. 蘑菇视频AT held that ST/AI/2003/8 was inapplicable. 蘑菇视频AT held that the relevant administrative instruction was ST/AI/2010/3, which integrated the recruitment, placement, promotion and mobility of staff within the Secretariat. 蘑菇视频AT held that, in its view, the authority to make lateral transfers to fill job openings at the same level extended to both immediate and anticipated job openings, including posts that would become vacant due to retirement. 蘑菇视频AT held that the impugned decision complied with the legal...