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蘑菇视频DT/2010/117, Bertucci
Economic loss: Since the applicant was due to retire at the time the selection would have been made, his economic loss was the value of the salary and emoluments of an ASG, without any adjustment for the receipt of entitlements as a D-2 Director, which is a simple calculation of the gross earnings minus deductions, plus the respondent’s subsidy contributions. Any actual income he made is adjusted against this amount. Pension: The pension calculation is more difficult. Two methods of calculation are open as the Pension Fund has stated it will not recalculate the applicant’s pension: the first...
2010-蘑菇视频AT-062, Bertucci
The Secretary-General filed appeals against 蘑菇视频DT Orders. 蘑菇视频AT determined that, generally, only appeals against final judgments are receivable. 蘑菇视频AT noted that an interlocutory appeal is receivable exceptionally in cases where 蘑菇视频DT has clearly exceeded its jurisdiction or competence. 蘑菇视频AT held that it would not interfere lightly with the broad discretion of 蘑菇视频DT in the management of cases. Further, 蘑菇视频AT noted that one of the goals of the new system of administration of justice is rendering timely judgments; cases before 蘑菇视频DT could seldom proceed if either party were able to appeal interlocutory...
2010-蘑菇视频AT-055, Hijaz
蘑菇视频AT held that 蘑菇视频DT’s decision on an Appellant’s request to suspend, waive or extend deadlines is not a judgment made in respect of an appeal against an administrative decision, within the meaning of Article 2 of the 蘑菇视频AT Statute, since no appeal had yet been filed. 蘑菇视频AT held, therefore, that 蘑菇视频DT’s decision on the Appellant’s request of extension could not be appealed. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2010-蘑菇视频AT-056, Shakir
蘑菇视频AT concurred with 蘑菇视频DT that the case was time-barred and not receivable. 蘑菇视频AT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to 蘑菇视频DT and raised it for the first time before 蘑菇视频AT. 蘑菇视频AT held that, while Article 2. 5 of the 蘑菇视频AT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to 蘑菇视频DT. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2010-蘑菇视频AT-057, Fagundes
蘑菇视频AT noted that when the new system was created, 蘑菇视频DT was not given powers to hear a matter already finally decided by the former Administrative Tribunal. 蘑菇视频AT accordingly held that 蘑菇视频DT was correct in finding that it did not have the power to review the decision of the former Administrative Tribunal. 蘑菇视频AT further held that the Appellant exhausted her avenues of appeal and that 蘑菇视频DT correctly found that it had no jurisdiction to hear another appeal. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2010-蘑菇视频AT-058, Andati-Amwayi
蘑菇视频AT considered whether the impugned decision was a contestable administrative decision. 蘑菇视频AT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. 蘑菇视频AT held that the requirement for 蘑菇视频 Office at Nairobi (蘑菇视频ON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation’s staff medical insurance plan. 蘑菇视频AT held that this requirement was of general...
2010-蘑菇视频AT-059, Warren
The Secretary-General claimed that 蘑菇视频DT had no power to award interest. 蘑菇视频AT found that both 蘑菇视频DT and 蘑菇视频AT have the power to award interest in the normal course of ordering compensation. The very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organisation complied with its statutory obligations. In many cases, interest will be by definition part of compensation. To say that the tribunals have no jurisdiction to order the payment of interest would, in many cases, mean that the staff member could not be placed in the same position...
2010-蘑菇视频AT-060, Wasserstorm
蘑菇视频AT, applying Bertucci (2010-蘑菇视频AT-062), rejected as not receivable an interlocutory appeal against 蘑菇视频DT’s decision that the determination by the Ethics Office, that no retaliation occurred, constituted an administrative decision falling within 蘑菇视频DT’s jurisdiction. The alleged lack of jurisdiction of 蘑菇视频DT was not clearly established in this case: the question of whether there was an administrative decision required adjudication on the merits of the case and could not be the subject of an interlocutory appeal. 蘑菇视频AT further held that the appeal against 蘑菇视频DT’s order for production of the OIOS...
2010-蘑菇视频AT-061, Syed
蘑菇视频AT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. 蘑菇视频AT held that 蘑菇视频DT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2010-蘑菇视频AT-051, Ilic
蘑菇视频AT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. 蘑菇视频AT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, 蘑菇视频AT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...
2010-蘑菇视频AT-052, Ardisson
蘑菇视频AT held that the appeal was not filed untimely and was, therefore, receivable. 蘑菇视频AT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, 蘑菇视频DT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. 蘑菇视频AT held that 蘑菇视频DT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. 蘑菇视频AT held, concerning the conclusion that compensation should be paid for moral damages...
2010-蘑菇视频AT-053, Xu
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that the counsel of the Secretary-General had not been notified of the hearing date due to a technical error in the e-mail communication, which prejudiced seriously the Secretary-General’s defence. 蘑菇视频AT held, therefore, that the 蘑菇视频DT judgment should be set aside, and the matter retried afresh. 蘑菇视频AT upheld the appeal and vacated the 蘑菇视频DT judgment. The case was remanded to 蘑菇视频DT to be heard afresh.
2010-蘑菇视频AT-054, Atogo
蘑菇视频AT preliminarily rejected the request for an oral hearing since there was no need for further clarification. 蘑菇视频AT held that the appeal was not receivable for not being filed against a final judgment. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2010-蘑菇视频AT-049, Planas
蘑菇视频AT held that an introductory argument concerning the content of the other party's observations or aspects of administrative conduct that was not raised at the first instance is largely inadmissible. 蘑菇视频AT held that 蘑菇视频DT was correct in finding that, as the Appellant did not contest in precise terms her non-selection for any post, she did not identify any administrative decision in her application. 蘑菇视频AT noted that the Appellant had at no time requested management evaluation, or sought administrative review as required under the former internal justice system. 蘑菇视频AT dismissed the appeal and...
2010-蘑菇视频AT-040, Aqel
蘑菇视频AT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. 蘑菇视频AT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. 蘑菇视频AT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, 蘑菇视频AT held that it...
2010-蘑菇视频AT-041, Balestrieri
蘑菇视频AT held that her appointment was terminated due to a lack of funding; several of her colleagues also had their fixed-term appointments terminated for the same reason at the same time. 蘑菇视频AT held that the fact that the Appellant may have complained about her working conditions or cooperated in any subsequent preliminary investigation into possible harassment, did not on its face exposes her to the termination. 蘑菇视频AT held that there was no reversible error on part of 蘑菇视频DT. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2010-蘑菇视频AT-042, Wu
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that there was no reason to re-examine the judgments of the former Administrative Tribunal in judgment No. 1047, Helke (2002) and judgment No. 1122, Lopes Braga (2003). 蘑菇视频AT held that the award of compensation for non-pecuniary damage did not amount to an award of punitive or exemplary damages designed to punish the Organisation and deter future wrongdoing. 蘑菇视频AT held that 蘑菇视频DT did not err in finding that the staff member suffered stress based on his submission. 蘑菇视频AT held that 蘑菇视频DT had committed no error in awarding compensation for...
2010-蘑菇视频AT-043, Mezoui
蘑菇视频AT held that the Appellant was caught in the transition between the old and new internal justice systems. 蘑菇视频AT noted that the Appellant had requested an extension of the time limit to file an application with the former Administrative Tribunal and that it was questionable if anyone could have granted an extension since the new 蘑菇视频DT had not officially started and the former Administrative Tribunal was winding down. 蘑菇视频AT, therefore, held that the case should be remanded to 蘑菇视频DT for consideration on merits. 蘑菇视频AT upheld the appeal, vacated the 蘑菇视频DT judgment, and remanded the case to 蘑菇视频DT for a...
2010-蘑菇视频AT-044, Solanki
蘑菇视频AT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General’s answer. 蘑菇视频AT held that the observations would not be taken into consideration. 蘑菇视频AT held that 蘑菇视频DT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant’s contention about the quantum of compensation, 蘑菇视频AT held that 蘑菇视频DT was in the best position to decide on the level of compensation given its...
2010-蘑菇视频AT-045, Tsoneva
蘑菇视频AT held that 蘑菇视频DT did not err on a question of law in deciding that the Appellant had to establish that, without the errors committed in the review of her professional career, she would have had a real chance of being promoted. 蘑菇视频AT held that the Appellant had failed to establish that 蘑菇视频DT erred on a question of fact, resulting in a manifestly unreasonable decision, in deciding that she had failed to demonstrate that the few material errors in her factsheet deprived her of the chance to be promoted. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.