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蘑菇视频DT/2019/050, Wesslund
Art. 8.1(i) of the 蘑菇视频DT Statute provides that in cases where a management evaluation of the contested decision is required, as in this case, an application shall be receivable if it is filed within the statutory time-limits. A staff member who has received an adverse decision about a claim cannot purport to unilaterally withdraw it and resubmit it with allegedly new evidence to attempt to have a new decision. In this case, there is not even new evidence. There would never be finality or certainty in respect of any decision if this were to be permitted. Such conduct, aimed at resetting the time...
2019-蘑菇视频AT-916, Agha
蘑菇视频AT held that the 蘑菇视频DT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. 蘑菇视频AT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant’s unauthorised absence from duty. 蘑菇视频AT held that 蘑菇视频DT erred in law in distinguishing Abdallah (judgment No. 2010-蘑菇视频AT-091) from the present case. 蘑菇视频AT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...
2019-蘑菇视频AT-917, Farzin
蘑菇视频AT held that the appeal was entirely without merit. 蘑菇视频AT upheld the 蘑菇视频DT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. 蘑菇视频AT affirmed, albeit for different reasons, 蘑菇视频DT’s final legal conclusion that the Applicant’s application was not receivable ratione materiae. 蘑菇视频AT held that there was no reviewable administrative decision in the Appellant’s application. 蘑菇视频AT held that 蘑菇视频DT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a...
2019-蘑菇视频AT-918, Nadasan
On the delay before 蘑菇视频DT, 蘑菇视频AT agreed that the delay was unfort蘑菇视频ATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. 蘑菇视频AT held that 蘑菇视频DT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. 蘑菇视频AT held that 蘑菇视频DT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. 蘑菇视频AT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...
2019-蘑菇视频AT-919, Krioutchkov
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that the issue of whether the staff member’s application was pre-screened by a Human Resources Officer was irrelevant in determining whether his candidature received full and fair consideration. On the basis that 蘑菇视频DT failed to enquire as to what options were available to the staff member on Inspira at the time of application, 蘑菇视频AT held that 蘑菇视频DT’s findings that Inspira did not reflect the variety of the educational system of all the Member States equally and that the staff member’s candidature had not been afforded full and fair...
2019-蘑菇视频AT-914, Oglesby
蘑菇视频AT found that at the time of his separation from service, the former staff member was not married to his husband; their same-sex relationship did not enjoy similar status to marriage under the law of the US; the Regulations did not afford retrospective recognition of their marriage in 2018; and the Regulations specifically regulated the situation of the former staff member by providing for an annuity under Article 35ter. Therefore, 蘑菇视频AT concluded that under the express terms of Articles 34 and 35, the former staff member’s spouse was not entitled to a survivor’s benefit. Nonetheless, 蘑菇视频AT...
2019-蘑菇视频AT-915, Yasin
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. 蘑菇视频AT held that 蘑菇视频DT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that 蘑菇视频DT’s conclusion was consistent with the evidence. 蘑菇视频AT held that the 蘑菇视频DT’s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. 蘑菇视频AT held that the facts underpinning the administrative decision to issue the staff member a...
2019-蘑菇视频AT-903, Afeworki
蘑菇视频AT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. 蘑菇视频AT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. 蘑菇视频AT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the 蘑菇视频DT judgment. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2019-蘑菇视频AT-904, Prempeh
蘑菇视频AT held that the Appellant did not fall under any of the categories of potential applicants and had no legal standing before 蘑菇视频DT. 蘑菇视频AT held that, accordingly, the Appellant had no standing before 蘑菇视频AT and therefore 蘑菇视频AT had no competence to address the merits of her claims. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2019-蘑菇视频AT-905, Ghusoub
蘑菇视频AT rejected the 蘑菇视频RWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the 蘑菇视频AT Statute. 蘑菇视频AT held that the Appellant’s ground of appeal was without merit. 蘑菇视频AT held that the Commissioner-General was obliged to calculate the Appellant’s retirement benefits in accordance with the new Staff Rule and did so correctly. 蘑菇视频AT held that 蘑菇视频RWA DT did not commit any error of fact and law in arriving at its decision. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.
2019-蘑菇视频AT-906, Omwanda
蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. 蘑菇视频AT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. 蘑菇视频AT held 蘑菇视频DT was statutorily barred from hearing Mr Omwanda’s application. 蘑菇视频AT upheld the appeal and vacated the 蘑菇视频DT judgment.
2019-蘑菇视频AT-907, Korduru
蘑菇视频AT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. 蘑菇视频AT held that 蘑菇视频DT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. 蘑菇视频AT upheld 蘑菇视频DT’s finding that Ms. Koduru’s testimony was not compelling enough to serve as a basis for an award of moral damages. 蘑菇视频AT rejected Ms. Koduru’s request for costs. 蘑菇视频DT dismissed the appeal and the cross-appeal and affirmed the 蘑菇视频DT judgment.
Accountability referral: The 蘑菇视频AT...
2019-蘑菇视频AT-908, Rockcliffe
Ms Rockcliffe filed an application for execution of 蘑菇视频AT judgment No. 2017-蘑菇视频AT-807. 蘑菇视频AT held that the crux of the matter for determination was whether Ms Rockcliffe’s appointment to and her removal from, the Budget Working Group (BWG) in 2018 fell within the scope of 蘑菇视频AT’s order in the judgment. 蘑菇视频AT held that, although 蘑菇视频AT had not explicitly addressed the issue of conflict of interest in its judgment, it impliedly rejected it by means of applying the law in force at the time. 蘑菇视频AT held that it was egregious that 蘑菇视频JSPF re-submitted that the previous decision not to give Ms Rockcliffe...
2019-蘑菇视频AT-909, Haroun
Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, 蘑菇视频AT held that there was a substantial variation or a striking disparity between the award made by 蘑菇视频DT and the award that 蘑菇视频AT considered ought to have been made. 蘑菇视频AT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. 蘑菇视频AT held that 蘑菇视频DT did not err in law or fact in denying moral damages, as there was no corroborating...
2019-蘑菇视频AT-910, Newland
蘑菇视频AT considered Mr Newland’s application for interpretation of judgment No. 2018-蘑菇视频AT-820. 蘑菇视频AT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. 蘑菇视频AT accepted that there was a degree of uncertainty regarding these questions. 蘑菇视频AT held that Mr Newland’s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. 蘑菇视频AT...
2019-蘑菇视频AT-911, El-Arqan
蘑菇视频AT held that 蘑菇视频RWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led 蘑菇视频RWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. 蘑菇视频AT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. 蘑菇视频AT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. 蘑菇视频AT held that there was no rule requiring...
2019-蘑菇视频AT-912, Clemente
蘑菇视频AT considered Article 34 of the 蘑菇视频JSPF Regulations which provides that a widow’s benefit will be payable to the surviving spouse of a participant who was entitled to a retirement benefit at the date of his death if she was married to the deceased at the date of his separation from service and remained married to him until his death. In accordance with general principles of private international law, the validity of a marriage must be assessed and determined in accordance with the law of the place where the marriage was celebrated, being the law of the Philippines. The Supreme Court of the...
2019-蘑菇视频AT-913, Siddiqi
蘑菇视频AT had before it an appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill “some” staff members. 蘑菇视频AT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. 蘑菇视频AT held that 蘑菇视频DT also erred in law and fact when it concluded that threat was not serious...
2019-蘑菇视频AT-902, Nouinou
The Secretary-General appealed 蘑菇视频DT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. 蘑菇视频AT held that 蘑菇视频DT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. 蘑菇视频AT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and...
2019-蘑菇视频AT-896, Harris
The 蘑菇视频DT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, 蘑菇视频AT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that 蘑菇视频DT had committed any error of fact or law in arriving at its decision. 蘑菇视频AT held that Mr Harris’ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, 蘑菇视频AT found no reason to differ from the 蘑菇视频DT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...