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2018-蘑菇视频AT-891, Vattapally
蘑菇视频AT held that 蘑菇视频DT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). 蘑菇视频AT upheld the appeal, vacated and modified the 蘑菇视频DT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant’s application for mobility allowance.
2018-蘑菇视频AT-892, Ozturk
蘑菇视频AT noted that under the provisions of Staff Rule 1. 2(b), staff members must comply with local laws and honour their private legal obligations, including, but not limited to, the obligation to honour orders of competent courts. However, the ST/SGB/1999/4 legal framework has to be interpreted within the context of the authorizing Staff Rule 3. 18(c)(iii), which grants the Administration discretionary authority, as is reflected in the use of the word “may” in it, to make a proper and fair decision, in cases of indebtedness to third parties, under the proviso that a deduction for this purpose...
2018-蘑菇视频AT-893, Elzarov
蘑菇视频AT held that there was no evidence that the Secretary-General acted in an arbitrary, discriminatory, or irregular manner. 蘑菇视频AT held that accounting for factors such as 蘑菇视频AMID’s scorecard with respect to gender targets and the selected candidate’s proficiency in Arabic did not amount to discrimination and that it was in the Secretary-General’s discretion to do so. 蘑菇视频AT held that no evidence had been presented to it by the Appellant to support the contention that his application was not given full and fair consideration. 蘑菇视频AT held that the Appellant was unable to show through clear and...
2018-蘑菇视频AT-879, Nimer
蘑菇视频AT rejected the Appellant’s request for an oral hearing. 蘑菇视频AT held that 蘑菇视频RWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter’s employment situation. 蘑菇视频AT held that 蘑菇视频RWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant’s request for SLWOP and, consequently, that there had not...
2018-蘑菇视频AT-880, Munyan
蘑菇视频AT considered the appeal by the Secretary-General. 蘑菇视频AT held that the Secretary-General’s appeal was in direct conflict with his submissions to 蘑菇视频DT. While the Secretary-General acknowledged procedural irregularities by the Hiring Manager to 蘑菇视频DT, in his appeal he argued that no irregularities happened in removing the Applicant’s name from the list and that the Hiring Manager was entitled to exercise her discretion and correct her mistakes after further assessing the candidate’s qualifications. 蘑菇视频AT held that no evidence was presented to 蘑菇视频DT of a second assessment by the Hiring Manager or...
2018-蘑菇视频AT-881, Mansour
蘑菇视频AT considered the content of the Appellant’s appeal, the 蘑菇视频RWA DT judgment, and the Appellant’s request for compensation for material and moral damages and costs. 蘑菇视频AT found that the Appellant’s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. 蘑菇视频AT also held that there was no error in the 蘑菇视频RWA DT’s findings that the Administration’s decision not to confirm the Appellant’s appointment was solely based on his performance and that his allegations of harassment and discrimination...
2018-蘑菇视频AT-875, Kellie
蘑菇视频AT considered the Appellant’s appeal. 蘑菇视频AT considered the criteria set out in Article 2 of the 蘑菇视频AT Statute to determine whether any alleged errors of law and fact resulted in a manifestly unreasonable decision. 蘑菇视频AT found that there was no evidence that the decision to abolish the post encumbered by the Appellant was unlawful. 蘑菇视频AT also found that 蘑菇视频RWA DT’s decision was correctly based on the applicable law and available evidence. To that end, 蘑菇视频AT held that the Appellant failed to establish that the 蘑菇视频RWA DT committed any error, whether of law, fact, or procedure. 蘑菇视频AT further noted that...
2018-蘑菇视频AT-876, Cardwell
蘑菇视频AT considered the receivability of the issue of non-renewal and whether 蘑菇视频DT erred in rejecting the Appellant’s claim that his candidacy for the relevant post had not been given full and fair consideration. 蘑菇视频AT referenced Staff Rule 11. 2(a), which provides that it is an established principle that a request for management evaluation is the first step in the appeal process of an administrative decision. 蘑菇视频AT further noted that 蘑菇视频DT has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of review. 蘑菇视频AT found no fault...
2018-蘑菇视频AT-877, Atome
蘑菇视频AT considered the Appellant’s motion for leave to file additional pleadings and the appeal. 蘑菇视频AT noted that neither the 蘑菇视频AT Statute nor the 蘑菇视频AT RoP provide for an appellant to file an additional pleading after the respondent has filed an answer. 蘑菇视频AT also noted that Article 31(1) of the RoP and Section II. A. 3 of Practice Direction No. 1 of the Appeals Tribunal allow the Appeals Tribunal to grant a party’s motion to file additional pleadings only if there are exceptional circumstances justifying the motion. 蘑菇视频AT held that the Appellant did not demonstrate any exceptional circumstances...
2018-蘑菇视频AT-878, Pinto
蘑菇视频AT held that 蘑菇视频DT erred in finding the Hiring Manuals binding on the Administration, nonetheless, confirming that the Hiring Manager’s reliance on the shortlist prepared by the CSS/OSU constituted a procedural irregularity in terms of Section 7. 4 of ST/AI/2010/3, which undisputedly enjoys binding legal authority. 蘑菇视频AT held that such irregularities only result in the rescission of a non-selection decision or of the decision not to shortlist a candidate in case the candidate had a significant chance, which could not be verified in this case, the same logic being applicable to compensation for...
2018-蘑菇视频AT-869, Muteeganda
蘑菇视频AT considered the appeal by the Secretary-General. 蘑菇视频AT held that 蘑菇视频DT correctly concluded that the Administration properly exercised its discretion to place the Applicant on administrative leave, considering an enduring reputational risk in light of the allegations relating to sexual abuse and exploitation of an under-age girl, which were reasonably supported by the evidence. 蘑菇视频AT held that the new Staff Rule 10. 4(c), which had not yet been enacted at the relevant time, was not applicable to the Applicant’s misconduct. 蘑菇视频AT held that 蘑菇视频DT’s factual findings were open to criticism in that...
2018-蘑菇视频AT-870, Cherneva
蘑菇视频AT rejected the request for an oral hearing. 蘑菇视频AT held, noting that the Appellant appeared to be restating the same claims she made before 蘑菇视频DT, that she did not identify any grounds for her appeal nor demonstrate that 蘑菇视频DT committed any error of fact or law in arriving at its decision. 蘑菇视频AT held that 蘑菇视频DT fully and fairly considered the case, without errors of law or fact. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2018-蘑菇视频AT-871, Reda
蘑菇视频AT rejected the request for an oral hearing. 蘑菇视频AT held that there was no merit in the Appellant’s claim that he should be considered a 蘑菇视频 staff member because he worked with 蘑菇视频OPS for over three years. 蘑菇视频AT concluded that 蘑菇视频DT correctly decided that the application was not receivable ratione personae. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.
2018-蘑菇视频AT-872, Sylvester
蘑菇视频AT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. 蘑菇视频AT was satisfied that the AJAB had considered all relevant evidence to the issues. 蘑菇视频AT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.
2018-蘑菇视频AT-873, Belkhabbaz (formerly Oummih)
蘑菇视频DT’s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. 蘑菇视频AT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...
2018-蘑菇视频AT-874, Kebede
The only issue in contention in this appeal is whether the 蘑菇视频DT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. 蘑菇视频AT found that 蘑菇视频DT based the award of compensation for harm both on the evidence produced by the individual and what it described as “pre-existing distress that the individual was already suffering from” which “was exacerbated by the unlawful decision to refuse his request” to investigate the allegations of discrimination. 蘑菇视频DT was to determine whether Mr. Kebede...
2018-蘑菇视频AT-865, Gnassou
蘑菇视频AT considered whether 蘑菇视频DT erred in law or fact resulting in a manifestly unreasonable decision when it found that i) there was no error of procedure stemming from the delay in completing the comments on the Appellant’s rebuttal statement; and ii) the Appellant’s claim regarding the assessment and findings of the rebuttal panel together with her final performance appraisal did not result in a challengeable administrative decision. 蘑菇视频AT found that, because no explanation was provided for the initial and relevant delay, 蘑菇视频DT erred in concluding that the reasons given by the administration...
2018-蘑菇视频AT-866, Gnassou
蘑菇视频AT considered whether 蘑菇视频DT erred in concluding that the decision not to renew the Appellant’s appointment and to separate her from service on the basis that she failed to sign the letters of appointment containing the extensions of her fixed-term appointment was lawful. 蘑菇视频AT noted that when a performance shortcoming is identified, remedial actions may be put in place and if the shortcoming is not rectified, a PIP shall be prepared. 蘑菇视频AT further noted that, in the absence of any explicit provision establishing otherwise, the rebuttal process does not have the effect of suspending the...
2018-蘑菇视频AT-867, Fedorchenko
蘑菇视频AT held that it was not appropriate to adjudicate the ICAO Secretary-General’s motion regarding the Appellant’s claims impugning the AJAB’s functioning as the ‘Neutral First Instance Process’ at that stage since the issues raised in the motion would be decided when 蘑菇视频AT had considered the whole of the evidence in the appeal. 蘑菇视频AT dismissed the motion. 蘑菇视频AT held that AJAB had given a very thorough, fair, and informed consideration of the Appellant’s case in which it examined the irregularities alleged. 蘑菇视频AT rejected the Appellant’s submission that AJAB erroneously admitted eight previously...
2018-蘑菇视频AT-864, Delaunay
蘑菇视频AT considered the Appellant’s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. 蘑菇视频AT referred to Article 9(1)(b) of the 蘑菇视频AT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. 蘑菇视频AT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. 蘑菇视频AT accordingly rejected the Appellant’s request for compensation. 蘑菇视频AT also referred to Article 9(2) of...