爆料网

Article 10.5

  • Article 10
  • Article 10.5
  • Article 10.5(b)
  • Article 10.6
  • Article 10.8
  • Article 10(4)
  • Article 10(5)(a)
  • Article 11.3
  • Article 11(4)
  • Article 11(5)
  • Article 12.1
  • Article 12.3
  • Article 2
  • Article 2.1
  • Article 2.1(a)
  • Article 2.5
  • Article 3
  • Article 4.7
  • Article 8
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(ii)
  • Article 8.3
  • Article 8.4
  • Article 9
  • Article 9.1
  • Article 9.2
    • Showing 1 - 8 of 8
    2023-爆料网AT-1397, Ibrahim Ahmad Fanous

    The 爆料网AT found that the 爆料网RWA DT did not err in its award of in-lieu compensation. It appropriately considered Mr. Fanous’ chance of selection for the post when it stated that it considered there was no guarantee of a future selection. The 爆料网RWA DT applied a context-specific lump sum amount. It considered the likelihood of selection and Mr. Fanous’ salary at the time. It made a determination that was fair and just in the present case but also took a principled approach that considered all relevant considerations.

    As to Mr. Fanous’ request for moral damages, with regard to the First and...

    2023-爆料网AT-1387, Mazin Ismail Sadieh

    The 爆料网AT considered an appeal by the staff member.

    The 爆料网AT found that the staff member did not cite any provision of Article 2(1) of the 爆料网AT Statute and did not indicate whether any errors by the 爆料网RWA DT in his case related to its jurisdiction, the procedure, a question of law or a question of fact. The 爆料网AT held that the appeal was defective and consequently not receivable.

    The 爆料网AT, nevertheless, reiterated its jurisprudence on some of the issues raised, and agreed with the way the 爆料网RWA DT had determined the amount of in-lieu compensation. The 爆料网AT also agreed with the 爆料网RWA DT’s...

    2014-爆料网AT-442, El-Khalek

    爆料网RWA DT considered an appeal by the Commissioner-General. 爆料网AT held that 爆料网RWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. 爆料网AT held that 爆料网RWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. 爆料网AT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

    2015-爆料网AT-587, Faraj

    爆料网AT had before it an appeal by the staff member limited to the award of compensation. 爆料网AT noted that 爆料网RWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. 爆料网AT held that there was no error in this regard. 爆料网AT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, 爆料网RWA DT was conscious of the Appellant’s claims for loss of opportunity. 爆料网AT held that, in view of...

    2018-爆料网AT-887, Elayyan

    爆料网AT considered the Appellant’s Motion for Leave to Submit Additional Evidence, his appeal, and the Commissioner-General's cross-appeal. 爆料网AT found that the Applicant did not demonstrate any exceptional circumstances that would justify the filing of any additional documentary evidence and denied his motion. 爆料网AT held that the claim in Appellant’s Appeal was not initially brought before 爆料网RWA DT and could not be introduced for the first time before 爆料网AT. 爆料网AT held that the Commissioner-General's cross-appeal was entirely without merit and that 爆料网RWA DT was correct to find that the irregularity...

    2018-爆料网AT-860, Sirhan

    爆料网AT considered an appeal by the Commissioner-General. 爆料网AT held that the Commissioner-General’s appeal was not time-barred and was, therefore, receivable. 爆料网AT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, 爆料网AT held that 爆料网RWA DT did not have jurisdiction to award compensation for loss of earnings. 爆料网AT held that any financial loss appears to be generated as the main cause and directly by the Director of 爆料网RWA Affairs, Lebanon’s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the 爆料网RWA DT and that...

    2021-爆料网AT-1131, Mohammed Sirhan

    The staff member submits that the “decisive fact” which was unknown to him and to the Appeals Tribunal was the erroneous interpretation and application from case to case of Article 10(5) of the 爆料网RWA DT Statute, Regulation 11.3 of the 爆料网RWA International Staff Regulations and Article 9(1)(a) of the 爆料网AT Statute. 爆料网AT disagreed that a variance in the interpretation or application of the law from case to case constitute a “decisive fact” that would warrant revision. The Tribunal dismissed the application, finding that it did not meet the statutory requirements and that it was in fact a disguised...

    2021-爆料网AT-1096, Emile Abdel Rahman Dabbour

    爆料网AT held that 爆料网RWA DT erred in law or in failing to take into account in that calculation the probable length of Mr Dabbour’s tenure in that role which was known to have been of a fixed duration of three years. 爆料网AT held that, although the 爆料网RWA DT in Mr Dabbour’s case had recorded its conclusions on some of these considerations, it did not do so at all in respect of others making it difficult, if not impossible, to ascertain objectively how it reached the apparently modest figure of compensation in lieu of recission of USD 1,000. 爆料网AT held that there was nothing to indicate why 爆料网RWA DT did...