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2012-蘑菇视频AT-264, Seddik Ben Omar
蘑菇视频AT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. 蘑菇视频AT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the 蘑菇视频DT decision under appeal. 蘑菇视频AT held that the Appellant, consequently, failed to establish that 蘑菇视频DT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. 蘑菇视频AT held that the evidence...
2012-蘑菇视频AT-265, Ljungdell
Regarding the allegations that 蘑菇视频DT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, 蘑菇视频AT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. 蘑菇视频AT held that 蘑菇视频DT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...
2012-蘑菇视频AT-266, Rees
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT affirmed 蘑菇视频DT’s finding of the unlawfulness of reassignment decision. 蘑菇视频AT recalled that reassignment is proper if the new post is at the staff member’s grade; if the responsibilities involved correspond to his or her level; if the new functions are commensurate with the staff member’s competencies and skills; and if he or she has substantial professional experience in the field. 蘑菇视频AT held that, in Ms Rees’ case, none of these factors existed with respect to the position to which the Administration purported to reassign her. 蘑菇视频AT held...
2012-蘑菇视频AT-267, Achkar
蘑菇视频AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 蘑菇视频AT held that it had subject matter jurisdiction to hear the appeal and that the appeal was receivable. 蘑菇视频AT held that 蘑菇视频DT had correctly concluded that it had no subject matter jurisdiction to receive the application because the application was brought before the wrong tribunal and the application should have been brought before 蘑菇视频RWA DT. 蘑菇视频AT held that 蘑菇视频DT had correctly concluded that it lacked subject matter jurisdiction to receive the application because...
2012-蘑菇视频AT-268, Bangoura
蘑菇视频AT considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. 蘑菇视频AT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General’s appeal, 蘑菇视频AT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former 蘑菇视频 Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. 蘑菇视频AT held that the staff member needed to make a request for review of the administrative...
2012-蘑菇视频AT-269, Hamad
蘑菇视频AT held that 蘑菇视频RWA DT was correct in applying Former 蘑菇视频RWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant’s pay-out and that 蘑菇视频RWA DT had not erred in this regard. 蘑菇视频AT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant’s situation had no merit and had been raised for the first time on appeal. 蘑菇视频AT held that the Appellant had failed to demonstrate that 蘑菇视频RWA DT had erred in finding that the Appellant’s terms and conditions of employment are governed solely and exclusively by the Agency...
2012-蘑菇视频AT-270, Marshall
蘑菇视频AT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General’s appeal, 蘑菇视频AT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall’s conduct into question. 蘑菇视频AT held that 蘑菇视频DT had erred in law and fact in determining otherwise. 蘑菇视频AT held that there was no basis in law or fact for the pronouncements made by 蘑菇视频DT in paragraphs 112-113 of its judgment. 蘑菇视频AT held that 蘑菇视频DT had applied an unduly restrictive...
2012-蘑菇视频AT-258, Kananura
蘑菇视频AT held that it would not lightly interfere with the 蘑菇视频DT’s exercise of its jurisdictional powers, conferred on 蘑菇视频DT by its Statute, which enables cases to be judged fairly and expeditiously. 蘑菇视频AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 蘑菇视频DT, notwithstanding the alleged breach of procedural fairness. 蘑菇视频AT held that the appeal was not receivable. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2012-蘑菇视频AT-259, De Saint Robert
蘑菇视频AT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. 蘑菇视频AT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. 蘑菇视频AT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. 蘑菇视频AT held that...
2012-蘑菇视频AT-260, Rahman
蘑菇视频AT held that it was not in dispute that the Appellant did not submit a request for management evaluation until more than one year after he had been notified that he had not been selected for the post in question. 蘑菇视频AT held that 蘑菇视频DT, under Article 11.1 of the 蘑菇视频DT Statute, was obliged to issue a judgment in writing, stating the reasons, facts, and law on which it was based. 蘑菇视频AT held that 蘑菇视频DT’s decisions, that the Appellant had been properly served with a notification in writing in compliance with former Staff Rule 111.2 and that Article 8.3 prohibited 蘑菇视频DT from extending the deadline for...
2012-蘑菇视频AT-261, Badawi
蘑菇视频AT addressed the staff member’s appeal seeking reversal of the 蘑菇视频RWA DT judgment with compensation for the actual and moral damage, as well as the reinstatement of her appointment. 蘑菇视频AT rejected the request for an oral hearing since there was no need for further clarification of the issues arising from the appeal. 蘑菇视频AT held that the Appellant’s letter of appointment was clear and unambiguous that the appointment did not carry an expectation of renewal or conversion to any other type of appointment. 蘑菇视频AT held that 蘑菇视频RWA DT was correct in finding that the Agency’s extension of the Appellant’s...
2012-蘑菇视频AT-262, Gordon
Regarding the lateral moves, 蘑菇视频AT held that the fact, that the selected candidate’s lateral moves were not recorded in the requisite database, was not dispositive of the issue, nor did the definition of “lateral move” in ST/AI/2006/3/Rev. 1 included such a requirement. 蘑菇视频AT held that 蘑菇视频DT’s decision on this point was based on the evidence that clearly established that the selected candidate’s lateral moves satisfied the requirements of ST/AI/2006/3/Rev. 1. Regarding the work experience, 蘑菇视频AT held that the evidence before 蘑菇视频DT supported its finding that the selected candidate had at least 10...
2012-蘑菇视频AT-256, Benchebbak
蘑菇视频AT considered the three appeals by the Secretary-General against the 蘑菇视频DT Orders. 蘑菇视频AT held that the appeals were receivable because: (1) 蘑菇视频DT exceeded its jurisdiction under Article 2. 2 of the 蘑菇视频DT Statute by ordering the suspension of the contested decision beyond the date of completion of management evaluation; and (2) 蘑菇视频DT exceeded its jurisdiction under Article 10. 2 of the 蘑菇视频DT Statute by ordering, during the proceedings, a suspension of the contested decision as an interim measure in a case of appointment. 蘑菇视频AT held that Order No. 129 suspended the contested decision beyond...
2012-蘑菇视频AT-257, Baron
蘑菇视频AT rejected the request for an oral hearing considering it not necessary and that it would unduly delay the delivery of the judgment. 蘑菇视频AT held that appeals against decisions taken in the course of proceedings, including orders imposing interim measures, were non-receivable, even when 蘑菇视频DT committed an error of law or fact. 蘑菇视频AT dismissed the appeal and upheld the 蘑菇视频DT judgment.
2012-蘑菇视频AT-255, Igunda
蘑菇视频AT considered an appeal against 蘑菇视频DT Orders No. 082 (NBI/2011) and No. 083 (NBI/2011) by the Secretary-General. 蘑菇视频AT held that the main motivation for ordering the suspension of action in Order No. 82 was to grant access to justice to the staff member and that the Order could be sustained because a certain degree of discretion had to be awarded to 蘑菇视频DT to consider and resolve urgent matters such as interim measures. On Order No. 83, which extended the suspension of action until 12 August 2011, in breach of the five working days restrictive period to render the decision, 蘑菇视频AT held that 蘑菇视频DT...
2012-蘑菇视频AT-254, Nyakossi
蘑菇视频AT considered the Secretary-General’s appeal. 蘑菇视频AT noted that 蘑菇视频DT did not find that the Applicant was distressed by 蘑菇视频HCR’s illegal conduct or that he had suffered any adverse consequences or harm from 蘑菇视频HCR’s procedural error in following the opinion of DSS. 蘑菇视频AT held that 蘑菇视频DT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. 蘑菇视频AT upheld the appeal and reversed the 蘑菇视频DT judgment regarding the award of damages to the staff member.
蘑菇视频DT/2012/162, Schoone
Delegation of authority: Any withdrawal or limitation of the delegation of authority must be explicit. In the absence of a clear and formal revocation of the delegation by the delegating authority, the decision taken by the delegating authority is tainted by a substantial procedural flaw—that of the lack of competence of the decision-maker.Legal certainty and application of administrative issuances: ST/SGB/2009/10 does not provide for transitional measures in situations, such as the instant case, where an eligible staff member is assigned to a different department or office between the time...
蘑菇视频DT/2012/160, Buckley
Management evaluation: The Tribunal can only suspend an administrative decision that is subject to an ongoing management evaluation.Cancellation of vacancy announcements are administrative decisions that have been implemented and therefore can not be subject of a suspension of action application. The Applicant had not sought management evaluation of the ongoing selection process as such the Tribunal found that it could not be subject to a suspension of action application.
蘑菇视频DT/2012/161, Adewusi
The Applicant’s reassignment to ONUCI was frustrated by the force majeure, the outbreak of violence in C?te d’Ivoire and this event was beyond the control of the Administration. There were no exceptional circumstances that would have justified placing the Applicant on special leave with full pay between 1 July 2011 and 6 December 2011.The Applicant was lawfully placed on SLWOP upon the expiry of his provisional reassignment to ONUCI. The Applicant is not entitled to any relief for the delay in receiving certain written tests as a result of the disconnection of his 蘑菇视频 webmail address. However...
蘑菇视频DT/2012/159, Applicant
Management evaluation: The Applicant requested management evaluation of each of the administrative decisions that he challenged before the Tribunal. Mediation: the Tribunal found that mediation was sought by the Respondent regarding the proposed disciplinary measure of demotion but the discussion between the Applicant and the ombudsman, went beyond the scope of the demotion. Mediation was sought within the deadline for filing the Application. The time for filling an Application starts from the date when mediation breaks down therefore the application was filed within the applicable time limits...