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2019-蘑菇视频AT-974, Salah
蘑菇视频AT held that the Appellant failed to identify grounds for his appeal. 蘑菇视频AT held that the Appellant’s case was fully and fairly considered. 蘑菇视频AT held that 蘑菇视频RWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. 蘑菇视频AT held that the decision to terminate the Appellant’s appointment on medical grounds was a reasonable and valid exercise of 蘑菇视频RWA’s discretion. 蘑菇视频AT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...
2019-蘑菇视频AT-975, Reilly
蘑菇视频AT held that the Appellant did not meet her burden of proving that 蘑菇视频DT clearly exceeded its jurisdiction or competence when it reassigned the cases. 蘑菇视频AT held that the 蘑菇视频DT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal’s processes and within the 蘑菇视频DT’s jurisdiction. 蘑菇视频AT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. 蘑菇视频AT held that 蘑菇视频DT did not clearly exceed its jurisdiction and the appeals were not receivable. 蘑菇视频AT also noted that it does...
2019-蘑菇视频AT-964, Mahmoud
On the Appellant’s complaint that the non-selection decision was tainted by procedural irregularity and bias, 蘑菇视频AT noted that the presence of two directors from the Education Department on the interview panel did not offend 蘑菇视频RWA’s regulatory framework. 蘑菇视频AT held that it was possible to infer reasonably from the interview panel’s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. 蘑菇视频AT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...
2019-蘑菇视频AT-965, Alkarazoun
蘑菇视频AT held that the Appellant simply put forward several general complaints related to the alleged merits of her case but did not argue that the judgment was defective or that 蘑菇视频RWA DT committed an error in deciding that her application was not receivable. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.
2019-蘑菇视频AT-966, Krioutchkov
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 when it held that Staff Rules 4.4 and 4.5 established different recruitment regimes for professional and general service staff, clarifying that they establish different allowances and benefits regimes for local and international recruitment. 蘑菇视频AT held that 蘑菇视频DT erred in law when it found that it was illegal to restrict a temporary job opening at the professional level to local recruitment. 蘑菇视频AT held that 蘑菇视频DT contradicted 蘑菇视频AT’s jurisprudence on the wide inherent discretion conferred upon the Secretary-General...
2019-蘑菇视频AT-967, Olowo-Okello
On the question of the non-renewal of appointment, 蘑菇视频AT held that 蘑菇视频DT correctly concluded that (1) the Appellant’s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation, and (2) that the Appellant’s request for assistance from the Ombudsman did not constitute a request for management evaluation (and that even it did, it would have been time-barred). On the “decision” of the Administration to place adverse material in the Appellant’s official status file and to block him from being rehired, 蘑菇视频AT held there was no final, appealable...
2019-蘑菇视频AT-968, Fortis
On the matter of the deduction of 7,000 Euros paid to the Appellant’s ex-wife from his final emoluments, 蘑菇视频AT agreed with the 蘑菇视频DT’s finding that the Appellant’s application was not receivable ratione materiae, although for different reasons than those given by 蘑菇视频DT. 蘑菇视频AT held that the Appellant filed his request for management evaluation outside of the time limit and that therefore his application was not receivable ratione materiae. 蘑菇视频AT held that it was clear from the facts that the Appellant knew and had expressly accepted that this payment to his ex-wife would be deducted from his final...
2019-蘑菇视频AT-969, Argyrou
蘑菇视频AT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. 蘑菇视频AT held that the 蘑菇视频DT’s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. 蘑菇视频AT held that the Appellant’s argument that his overtime work without compensation over the years was in violation of the Administration’s responsibility to establish a normal working week for its employees and was thus a continuous...
2019-蘑菇视频AT-970, Adnan-Tolon
As a preliminary matter, 蘑菇视频AT declined to receive the Appellant’s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before 蘑菇视频DT, or demonstrate its relevance and materiality. On the merits, 蘑菇视频AT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. 蘑菇视频AT held that knowledge of the...
2019-蘑菇视频AT-971, Al-Refaea
蘑菇视频AT held that the appeal was defective for failure to identify errors made by 蘑菇视频RWA DT. However, noting that the Appellant was self-represented, 蘑菇视频AT considered whether 蘑菇视频RWA DT erred in finding that 蘑菇视频RWA had properly exercised its discretion in transferring the Appellant. 蘑菇视频AT held that 蘑菇视频RWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant’s application. 蘑菇视频AT upheld 蘑菇视频RWA DT’s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...
2019-蘑菇视频AT-972, Al Othman
蘑菇视频AT held that 蘑菇视频RWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. 蘑菇视频AT held that 蘑菇视频RWA DT erred in its assessment of the alleged victim’s credibility. 蘑菇视频AT held that, contrary to 蘑菇视频RWA DT’s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. 蘑菇视频AT held that 蘑菇视频RWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. 蘑菇视频AT held that 蘑菇视频RWA erred in its assessment of the Appellant’s credibility, in particular...
2019-蘑菇视频AT-973, Gisage
MOn the issue of receivability, 蘑菇视频AT held that 蘑菇视频DT erred in concluding that the application was receivable in its entirety, as each of the three decisions taken on ALWOP were distinct and the Appellant failed to seek management evaluation of the first and second decisions. 蘑菇视频AT held the application was only receivable ratione materiae in respect of the third and last decision. 蘑菇视频AT held that 蘑菇视频DT’s finding that no exceptional circumstances existed to warrant the extension of the Appellant’s ALWOP was a material error of law. 蘑菇视频AT held that 蘑菇视频DT erred in concluding that 12 months ALWOP was...
2019-蘑菇视频AT-977, Symeonides
The Appellant sought reversal of the 蘑菇视频DT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. 蘑菇视频AT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. 蘑菇视频AT held that the Appellant failed to submit a request for management evaluation. 蘑菇视频AT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. 蘑菇视频AT dismissed the appeal and...
2019-蘑菇视频AT-961, Wilson
蘑菇视频AT held that the case was distinguishable from Finniss (judgment No. 2014-蘑菇视频AT-397) since there was no allegation of bias, discrimination, or any other kind of deteriorated or privileged relationship between the involved candidate and the Deputy CEO. 蘑菇视频AT disagreed with 蘑菇视频DT’s holding that the Deputy CEO should not have acted as a voting member of the assessment panel. 蘑菇视频AT held that in order to exclude the Deputy CEO’s involvement in the selection exercise, there must be reasonable grounds and/or evidence of extraneous or improper motives, of which there was none (except unsubstantiated and...
2019-蘑菇视频AT-962, Amineddine
As preliminary matters, 蘑菇视频AT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant’s in-session motion, viewed by 蘑菇视频AT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...
2019-蘑菇视频AT-963, Awe
The Applicant filed a second application for interpretation of judgment No. 2017-蘑菇视频AT-774 and an application for execution of judgment No. 2018-蘑菇视频AT-827. Subsequently, the Applicant requested leave to withdraw these two applications. 蘑菇视频AT granted leave to withdraw the applications and directed the Registrar to close the cases.
2019-蘑菇视频AT-950, Diop
蘑菇视频AT held that the case was fully and fairly considered by 蘑菇视频DT. 蘑菇视频AT found no error of law or fact in the 蘑菇视频DT decision. 蘑菇视频AT held that 蘑菇视频DT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. 蘑菇视频AT held that there was no error of fact resulting in a manifestly unreasonable decision. 蘑菇视频AT held that the 蘑菇视频DT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by 蘑菇视频AT. 蘑菇视频AT...
2019-蘑菇视频AT-951, Allen
蘑菇视频AT held that 蘑菇视频DT did not err that, in the circumstances of the complaints made and the importance of the Appellant’s role in a difficult duty station, the Respondent was entitled to place the Appellant on Special Leave with Pay while it investigated the allegations against him. 蘑菇视频AT held that 蘑菇视频DT ought not to have relied upon Morsy (judgment No. 2013-蘑菇视频AT-298), Assale (judgment No. 2015-蘑菇视频AT-534), and Sarwar (judgment No. 2017-蘑菇视频AT-757) as it did. 蘑菇视频AT noted that in the Appellant’s case, not only was there a performance-related justification required to be established but no proper...
2019-蘑菇视频AT-952, Rolli
蘑菇视频AT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. 蘑菇视频AT held that because the factual basis for the JAB’s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. 蘑菇视频AT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...
2019-蘑菇视频AT-953, McIlwraith et al
蘑菇视频AT held that the consideration of transferable skills as a criterion for future permanent appointment for staff members serving in a downsizing entity is a relevant factor and a legitimate consideration because the finite mandate of the International Criminal Court for the Former Yugoslavia (ICTY) meant that such staff members had no realistic career prospects in that entity. 蘑菇视频AT held that there was a rational basis for the denial of permanent appointments for the language staff (professional and general service) given the winding down of ICTY and the diminishing need for Bosnian, Croatian...