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2014-蘑菇视频AT-479, Gehr
蘑菇视频AT considered the Secretary-General’s appeal, specifically as to whether Mr Gehr was prejudiced or discommoded by the fact that his rebuttal was conducted by the rebuttal panel established in 2011. 蘑菇视频AT did not find that Mr Gehr’s obligation to engage with a panel established pursuant to ST/AI/2010/5 was, in and of itself, sufficient to merit an award of compensation, in the absence of specific harm or prejudice arising therefrom. 蘑菇视频AT held that the breach was not of sufficient seriousness to merit a compensatory award. 蘑菇视频AT allowed the appeal and vacated the 蘑菇视频DT judgment in its entirety.
2014-蘑菇视频AT-480, Oh
蘑菇视频AT preliminarily dismissed the Appellant’s Application for Confidentiality and then considered the merits of the Appeal, which contained three grounds. With respect to the first ground, 蘑菇视频AT held that 蘑菇视频DT did not err in concluding that due process was satisfied if the staff member could comment on anonymous witness statements providing evidence against him. 蘑菇视频AT noted that the reasons for withholding the identities of the victims and for not producing them at trial were contained in the OIOS Investigation Report that was sent to the Appellant, thus the conditions for the admissibility for...
2014-蘑菇视频AT-481, Lee
蘑菇视频AT considered appeals of Order Nos. 182 (GVA/2013), 183 (GVA/2013), and 199 (GVA/2013), and Summary judgment No. 蘑菇视频DT/2013/147. As a preliminary matter, 蘑菇视频AT denied the Appellant’s requests for oral proceedings, confidentiality, to file additional proceedings, to file additional documentary evidence, and to order production of documents. With respect to Orders Nos. 182, 183 and 199, 蘑菇视频AT found that 蘑菇视频DT did not exceed its competence or jurisdiction in issuing these orders and in denying the Appellant’s applications to suspend action. 蘑菇视频AT held that the appeals of these Orders were not...
2014-蘑菇视频AT-491, Roig
蘑菇视频AT considered Ms Roig’s application for correction and noted that there were no clerical or arithmetical mistakes in the judgment. 蘑菇视频AT noted that the correction procedure is not an opportunity for a party to reargue their case or to merely repeat arguments that did not previously succeed. 蘑菇视频AT dismissed the application for correction.
2014-蘑菇视频AT-475, Gehr
蘑菇视频AT considered an appeal by the Secretary-General. The Secretary-General contended that the Ethics Office’s determination that no credible prima facie case of retaliation had been established was not an administrative decision subject to judicial review under Article 2 of the 蘑菇视频DT Statute. 蘑菇视频AT noted that the key characteristic of an administrative decision subject to judicial review is that the decision must produce direct legal consequences affecting a staff member’s terms or conditions of appointment. 蘑菇视频AT found that, in this case, the recommendation of the Ethics Office had no legal...
2014-蘑菇视频AT-467, Goodwin
蘑菇视频AT considered the Secretary-General’s appeal and Mr Goodwin’s cross-appeal. 蘑菇视频AT rejected the Secretary-General’s submission that 蘑菇视频DT erred by awarding excessive compensation to Mr Goodwin. 蘑菇视频AT relied on Larkin (judgment No. 2011-蘑菇视频AT-134) on the 蘑菇视频DT’s discretion to determine the amount of damages. Noting the long period before Mr Goodwin before returning to full service and that the amount of compensation awarded was based on the JAB’s recommendation, 蘑菇视频AT found that compensation in the amount of two years’ net base salary was reasonable. In considering whether 蘑菇视频DT erred in concluding...
2014-蘑菇视频AT-468, Skourikhine
蘑菇视频AT considered the Secretary-General’s appeal and Mr Skourikhine’s cross-appeal. With respect to the Secretary-General’s appeal, 蘑菇视频AT noted that there is no requirement in Section 9. 4 of ST/AI/2010/3 for the head of department to first review all non-rostered candidates, and it had even been amended to specifically remove such a requirement. 蘑菇视频AT found that 蘑菇视频DT erred in law in deciding that the appointment of the rostered candidates was contrary to ST/AI/2010/3, as the decision to do so was entirely within the Administration’s discretion, and no abuse of that discretion has been...
2014-蘑菇视频AT-469, Eissa
蘑菇视频AT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. 蘑菇视频AT held that there was no merit in the Secretary-General’s contention that 蘑菇视频DT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. 蘑菇视频AT held that there was no merit in the Secretary-General’s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. 蘑菇视频AT noted that an award under Article 10(5)(a) of the 蘑菇视频DT Statute is alternative...
2014-蘑菇视频AT-470, Kissila
The Appellant claimed that her interpretation of the advice given by the 蘑菇视频DT Registry was that an extension of time was not needed. 蘑菇视频AT noted that it has repeatedly and consistently strictly enforced the time limits for filing applications and appeals, which assures the goal of hearing cases and rendering judgments in a timely fashion. 蘑菇视频AT found that it was unreasonable for the Appellant, even as a layperson, to conclude that an extension of time would never be needed and that there was no limitation on the time for filing. 蘑菇视频AT held that the Appellant did not demonstrate any error of law...
2014-蘑菇视频AT-471, Landgraf
The Appellant requested that the 蘑菇视频DT judgment be set aside and that the case be remanded to 蘑菇视频DT for a hearing de novo before a different judge. 蘑菇视频AT agreed with the Appellant’s submission that the relevant statute or rules of procedure do not prohibit an applicant from providing testimony and serving as a witness in their own case. 蘑菇视频AT noted that, while 蘑菇视频DT was required to administer the declaration prescribed in Article 17(3) of the 蘑菇视频DT RoP, 蘑菇视频DT’s failure to do so was not an error serious enough so as to affect the decision of the case. Conversely, 蘑菇视频AT found that 蘑菇视频DT’s refusal to...
2014-蘑菇视频AT-472, Nianda-Lusakueno
蘑菇视频AT recalled that it has consistently held that Article 8(3) of the 蘑菇视频DT Statute must be read literally to prohibit 蘑菇视频DT from waiving the deadlines for seeking management evaluation and that 蘑菇视频DT has no jurisdiction or competence to waive such deadlines. 蘑菇视频AT held that ignorance of the law is no excuse and, while it was unfort蘑菇视频ATe that Mr. Nianda-Lusakueno relied on the informal review procedure, such reliance did not qualify as exceptional circumstances under ICAO Staff Rule 111. 1, paragraph 8. 蘑菇视频AT dismissed the appeal and affirmed the decision of the Secretary-General of ICAO.
2014-蘑菇视频AT-473, Collas
With regard to the decisions to transfer the Appellant from 蘑菇视频OPS to GF / WHO, to transfer her back to 蘑菇视频OPS and to put her on reimbursable loan to the GF, to deny her the right to return to 蘑菇视频OPS, and to separate her from 蘑菇视频OPS upon the expiry of her SLWOP on 30 June 2012, 蘑菇视频AT found that 蘑菇视频DT did not err in holding that the Appellant’s challenges were time-barred. 蘑菇视频AT held that the Appellant failed to seek timely management evaluation of her separation from 蘑菇视频OPS on 30 June 2012. With respect to 蘑菇视频DT’s determination that the Appellant was not challenging her financial package and that the...
2014-蘑菇视频AT-474, Al-Mulla
As a preliminary matter, 蘑菇视频AT dismissed the Appellant’s motion “for a finding of the Respondent’s dissembling. ” With respect to the substance of the appeal, 蘑菇视频AT held that, regardless of the nature of the new fact discovered by an applicant, timeliness of the filing of an application for revision is essential. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2014-蘑菇视频AT-459, Hamayel
蘑菇视频AT considered the Commissioner-General’s appeal, which alleged that 蘑菇视频RWA DT erred in finding that the 蘑菇视频RWA Administration’s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. 蘑菇视频AT found that it was both logical and reasonable to expect the 蘑菇视频RWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. 蘑菇视频AT noted that, even though Mr Hamayel had...
2014-蘑菇视频AT-460, Ngokeng
蘑菇视频AT considered the Secretary-General's appeal of judgment on Receivability No. 蘑菇视频DT/2013/061 and of judgment on the Merits No. 蘑菇视频DT/2013/101. 蘑菇视频AT held that the appeal of the judgment on Receivability was timely. 蘑菇视频AT found that 蘑菇视频DT erred in finding that Mr Ngokeng’s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng’s performance appraisal. 蘑菇视频AT specifically noted that the First Reporting Officer’s comment on Mr Ngokeng’s output did not detract from the overall satisfactory...
2014-蘑菇视频AT-461, Al-Badri
The Secretary-General appealed 蘑菇视频DT’s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. 蘑菇视频AT only considered the receivability of this appeal. 蘑菇视频AT held that alleged excess of jurisdiction or competence on the part of 蘑菇视频DT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. 蘑菇视频AT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the 蘑菇视频AT Statute is that only final judgments of...
2014-蘑菇视频AT-462, Balan
蘑菇视频AT acknowledged that while the Appellant was eligible for a permanent appointment, the Administration was entitled to have regard to the fact that she was recruited because she was a national of Romania for the specific post in 蘑菇视频IC Bucharest. 蘑菇视频AT noted that both the Department of Public Information and the Officer-in-Charge of Human Resources Services previously anticipated that 蘑菇视频IC Bucharest, among others, was scheduled to close in the very near future, due to the uncertainty of the funding by the host country, on which the continuation of the Appellant’s post depended. 蘑菇视频AT noted that...
2014-蘑菇视频AT-463, Slade
蘑菇视频AT considered the Appellant’s appeal and noted that the letters of appointment issued to the Appellant for the period of 1 July 2009 through 30 June 2012 did not refer to either the Memorandum, that described the planned phasing-out of the PTA, or the PTA itself. 蘑菇视频AT also noted that the PTA is neither a benefit or entitlement under the Staff Regulations and Rules, which “embody the conditions of service and the basic rights and duties and obligations of United Nations staff members,” nor an “administrative issuance in application of, and consistent with, the said Regulations and Rules. ”...
2014-蘑菇视频AT-464, Vorobiev
蘑菇视频AT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. 蘑菇视频AT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find “good cause” to waive the sixty days’ time limit for review set forth in Section K of the 蘑菇视频JSPF Administrative Rules. 蘑菇视频AT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between 蘑菇视频JSPF and CTBTO. 蘑菇视频AT...
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.