爆料网

Article 10.5(b)

  • 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
    2025-爆料网AT-1577, Samaher Fakhouri

    The 爆料网AT found that the 爆料网RWA DT erred when it found Ms. Fakhouri’s application was receivable.

    The 爆料网AT held that despite being a staff member, the decision with which Ms. Fakhouri took issue was one which related to the terms of a potential contract not as a staff member but as an independent contractor and therefore the contested decision was not one that was appealable. The 爆料网AT emphasized that Article 2(1)(a) of the 爆料网RWA DT Statute makes clear that appeals can be brought against administrative decisions where such decisions relate to the staff member’s terms of appointment. But the...

    2024-爆料网AT-1458, Islam Said

    The Appeals Tribunal found, in relation to the first application, that Ms. Said has produced no evidence of harm, much less of harm caused by an illegality, and therefore the request for damages was denied.

    As to the second application, the Appeals Tribunal found that the investigation had been closed with no action taken, and no adverse material from that investigation had been placed in Ms. Said’s Official Status File. In the absence of an appealable administrative deciison, the Appeals Tribunal was satisfied that the 爆料网RWA DT was correct in finding that the second application was not...

    2024-爆料网AT-1417, Jafar Wakid

    The 爆料网AT held that none of the factors that the 爆料网RWA DT considered as warranting exceptional compensation, were indeed exceptional, either individually or collectively. The 爆料网AT found that the former staff member’s permanent staff status, his long service, his difficulties in finding subsequent employment, his status as a refugee, the unproven nature of the sexual harassment allegations, and the delays in his case, were not the type of circumstances that would warrant an exceptional compensation award. The 爆料网AT held that the 爆料网RWA DT erred in awarding in-lieu compensation above the...

    2024-爆料网AT-1429, Hakam Shahwan

    The 爆料网AT held that with no evidence of a manifest abuse of proceedings by the Commissioner-General before the 爆料网RWA DT, nor any finding by the 爆料网RWA DT of such an abuse of proceedings, the legal cost orders made by the Dispute Tribunal did not accord with the terms of Article 10 of the 爆料网RWA DT Statute and were therefore unjustified and could not be sustained. Moreover, if the 爆料网AT considered that the legal costs were awarded by the 爆料网RWA DT under Article 10(5)(b) (which was not apparent from the Judgment), there existed no basis to justify such an order given the evidence before the Dispute...

    2022-爆料网AT-1270, Moayyad Naeem Dahoud

    The 爆料网AT considered an appeal by Mr. Dahoud.

    The 爆料网AT held that the 爆料网RWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.

    The 爆料网AT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit. Nor does this medical...

    2019-爆料网AT-927, Jafari

    爆料网AT agreed with 爆料网RWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, 爆料网AT held that, contrary to 爆料网RWA DT’s finding, the Administration has the discretion to deny a request to extend a staff member’s service beyond retirement only in exceptional cases and on account of the interests of 爆料网RWA, which must be reflected clearly and precisely in the reasoning for the decision. 爆料网AT held...

    2019-爆料网AT-923, Baramky

    爆料网AT held that the first time the Appellant’s claim for implementation of the sanction (an apology to the Appellant) was raised was on appeal and that it was therefore not receivable, however, 爆料网AT held that the Appellant was not barred from requesting 爆料网RWA to enforce its letter of censure. On the Appellant’s claim for moral damages, 爆料网AT found no error in 爆料网RWA DT’s order denying the Appellant’s request for moral damages since there was no evidence of harm. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

    2019-爆料网AT-899, Ashour

    On appeal, 爆料网AT limited its consideration to the issue of the amount of compensation awarded in lieu of rescission and the amount of compensation awarded for harm. On the issue of in lieu compensation, 爆料网AT held that the Appellant failed to advance any error of law or of fact leading to a manifestly unreasonable decision. 爆料网AT noted that in lieu compensation is not intended to compensate for the possible harm suffered by the injured person, as that is the specific aim of compensation for harm. 爆料网AT held that 爆料网RWA DT had the discretion to fix this amount as a generic sum and was not bound by...