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2011-蘑菇视频AT-145, Eid
蘑菇视频AT affirmed the 蘑菇视频DT order denying revision. 蘑菇视频AT held that a change in law is not a “fact” contemplated by Article 12. 1 of the 蘑菇视频DT Statute. 蘑菇视频AT held that the issuance of new jurisprudence by 蘑菇视频AT is an issue of law, not of fact.
2011-蘑菇视频AT-146, Borg-Olivier
蘑菇视频AT held that 蘑菇视频DT could not suspend or waive the time limit to file an appeal more than three years after the applicant’s receipt of the contested administrative decision. 蘑菇视频AT held that the appeal was not receivable. 蘑菇视频AT dismissed the appeal and upheld the 蘑菇视频DT judgment.
2011-蘑菇视频AT-147, Osman
蘑菇视频AT noted that, in finding the application to be time-barred, 蘑菇视频DT considered whether any exceptional circumstances existed to allow a waiver of the time limits and found that neither health problems nor the need to replace counsel constituted justification in the specific circumstances of the case. 蘑菇视频AT held that the Appellant failed to demonstrate any error warranting the reversal of the first instance judgment, whose conclusions it endorsed, as they relied on a correct application of the law. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2011-蘑菇视频AT-148, Shkurtaj
蘑菇视频AT considered an appeal by the Secretary-General of the Compensation Case, an appeal by Mr Shkurtaj of the Ethics Policy Case, and a cross-appeal by Mr Shkurtaj of the Compensation Case. 蘑菇视频AT held that a former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose from his or her employment and that there must be sufficient nexus between the former employment and the impugned action. 蘑菇视频AT held that an award for damages was justified in the circumstances. 蘑菇视频AT held that the amount of fourteen months’ net...
2011-蘑菇视频AT-140, Wang
蘑菇视频AT was satisfied that the 蘑菇视频DT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the 蘑菇视频 outside of their home country and by implication their country of nationality, was the correct interpretation. 蘑菇视频AT held that there was no error in law with regard to the 蘑菇视频DT’s approach on the issue of home leave. 蘑菇视频AT held, as a matter of law and fact, that 蘑菇视频DT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...
2011-蘑菇视频AT-141, Frohler
蘑菇视频AT held that 蘑菇视频DT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. 蘑菇视频AT held that 蘑菇视频DT’s approach in considering the Appellant’s prospects of success was entirely reasonable in the particular circumstances of the case. 蘑菇视频AT held that it was not the function of 蘑菇视频DT or 蘑菇视频AT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. 蘑菇视频AT recalled that the jurisdiction vested in 蘑菇视频DT is to review alleged procedural deficiencies and to rectify any which are...
2011-蘑菇视频AT-142, El Khatib
蘑菇视频AT noted there was a pattern of withholding annual performance reports and salary increments, and that those delays were coupled with the denial of a post for which the Appellant was short-listed but was not filled prior to the Appellant’s retirement. 蘑菇视频AT noted the Appellant was also denied his post, which was abolished due to restructuring. 蘑菇视频AT held that the Appellant was not treated conscientiously and fairly and deserved compensation. 蘑菇视频AT granted the appeal in part and ordered that the Appellant be paid three months’ net base salary as compensation.
2011-蘑菇视频AT-143, Appellant
蘑菇视频AT held that 蘑菇视频DT properly determined that the issue before it was the failure of the Administration to address the Appellant’s formal complaint. 蘑菇视频AT held that there was no error of law or failure to exercise jurisdiction on the part of 蘑菇视频DT with regard to the Appellant’s request for an investigation. 蘑菇视频AT held that it was satisfied that the award by 蘑菇视频DT of USD 40,000 constituted sufficient satisfaction for the Appellant. 蘑菇视频AT held that 蘑菇视频DT correctly refused to entertain the request for compensation for economic loss because the Appellant’s separation from service was not the subject of...
2011-蘑菇视频AT-144, Thiam
蘑菇视频AT held that the appeal was time-barred and not receivable. 蘑菇视频AT held that the time limit for filing an appeal may be suspended, waived, or extended, only in exceptional cases and upon a written request by an appellant prior to the filing of an appeal, which the Appellant failed to submit. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2011-蘑菇视频AT-133, Rosca
蘑菇视频AT considered judgment Nos. 蘑菇视频DT/2009/052 and 蘑菇视频DT/2009/062. 蘑菇视频AT held that the appeal to the Joint Appeals Board was not filed within the time limits and that 蘑菇视频DT did not have jurisdiction to waive them. 蘑菇视频AT held that the application before 蘑菇视频DT was not receivable ratione temporis. 蘑菇视频AT dismissed the appeal and vacated the 蘑菇视频DT judgments.
2011-蘑菇视频AT-134, Larkin
蘑菇视频AT considered appeals against 蘑菇视频DT judgment Nos. 蘑菇视频DT/2010/108 and 蘑菇视频DT/2010/109 jointly. 蘑菇视频AT held that 蘑菇视频DT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. 蘑菇视频AT held that the Appellant did not demonstrate that the 蘑菇视频DT’s finding of fact was not supported by the evidence or that it was unreasonable. 蘑菇视频AT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...
2011-蘑菇视频AT-136, Ardisson
蘑菇视频AT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the 蘑菇视频JSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. 蘑菇视频AT held that the different treatment of IOM staff members was created by the General Assembly. 蘑菇视频AT noted that restoration is an exceptional benefit that cannot be extended by analogy. 蘑菇视频AT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the 蘑菇视频JSPB was...
2011-蘑菇视频AT-137, Jemiai
蘑菇视频AT noted that the parties freely made an agreement, the Appellant received benefits under it and then she sought additional benefits on the basis that she had not received proper notice. 蘑菇视频AT noted that, as 蘑菇视频DT found, the Appellant received notice of her termination date when she signed the MOU, some four months prior. 蘑菇视频AT held that the fact that a formal letter was received later neither abrogated the MOU nor gave rise to any further compensation. 蘑菇视频AT found no error in the 蘑菇视频DT judgment. 蘑菇视频AT held that 蘑菇视频DT correctly determined that the Appellant was not entitled to compensation in lieu...
2011-蘑菇视频AT-138, Abdalla
蘑菇视频AT held that, in order for the Appellant’s claim of legitimate expectation of renewal of appointment to be sustained, it must not be based on mere verbal assertions, but on a firm commitment to renewal revealed by the circumstances of the case; and 蘑菇视频AT held that it found no reason to reverse the finding of 蘑菇视频DT that there was no evidence of such a commitment. 蘑菇视频AT held that the efficient or outstanding performance of a staff member on a temporary appointment could not legitimately create an expectancy of renewal of appointment. 蘑菇视频AT held that the need for translator services at 蘑菇视频AMI could...
2011-蘑菇视频AT-139, Basenko
蘑菇视频AT recalled that access to the new system of administration of justice can be extended to persons who are not formally staff members but who can legitimately be entitled to rights similar to those of a staff member. 蘑菇视频AT held that this exception must be understood in a restrictive sense. 蘑菇视频AT held that interns have no access to the new system of administration of justice. 蘑菇视频AT dismissed the appeal.
2011-蘑菇视频AT-130, Koda
蘑菇视频AT affirmed the 蘑菇视频DT judgment. 蘑菇视频AT held that OIOS operates under the “authority” of the Secretary-General but has “operational independence”. 蘑菇视频AT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. 蘑菇视频AT held that 蘑菇视频DT also has no jurisdiction to do so, as it can only review the Secretary-General’s administrative decisions. 蘑菇视频AT, however, noted that to the extent that any OIOS decisions are used to affect staff members’ terms or contract of employment, OIOS’ reports may be...
2011-蘑菇视频AT-131, Cohen
蘑菇视频AT recalled that Article 10. 5 of the 蘑菇视频DT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years’ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where 蘑菇视频DT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...
2011-蘑菇视频AT-132, Frechon
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that it was satisfied that the 蘑菇视频DT’s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to 蘑菇视频DT having stepped into the shoes of the 蘑菇视频 Medical Director. 蘑菇视频AT held that there were no grounds to disagree with the finding of 蘑菇视频DT that Ms Frechon’s contract was, in fact, terminated for medical reasons. 蘑菇视频AT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. 蘑菇视频AT held that 蘑菇视频DT was correct in rescinding the decision to...
2011-蘑菇视频AT-129, Beaudry
蘑菇视频AT considered Ms Beaudry’s application for revision of judgment No. 2010-蘑菇视频AT-129. 蘑菇视频AT held that Ms Beaudry’s arguments were irrelevant if they did not meet the requirements clearly established in the 蘑菇视频AT Statute to ensure the finality of a judgment. 蘑菇视频AT held that the application did not meet the requirements of Article 11 of the 蘑菇视频AT Statute and therefore was manifestly inadmissible. 蘑菇视频AT dismissed the application.
2011-蘑菇视频AT-127, Luvai
蘑菇视频AT considered the application for revision of judgment No. 2010-蘑菇视频AT-014 by Mr Luvai. 蘑菇视频AT considered the allegation that the Legal Officer who was assigned to the case before 蘑菇视频DT was a Facebook “friend” of Judge Boolell, the then 蘑菇视频DT President, and of a few other people who could have been tangentially involved in the issues of the underlying dispute and that Judge Boolell somehow influenced the judge sitting on the instant case to rule improperly. 蘑菇视频AT held that Mr Luvai offered not a shred of proof of anything improper. 蘑菇视频AT denied the application.