爆料网

Article 9.1(b)

  • Article 1.2(c)
  • Article 10. 9
  • Article 10.1
  • Article 10.2
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.8
  • Article 10.9
  • Article 11
  • Article 11.1
  • Article 11.1
  • Article 11.1
  • Article 11.2
  • Article 11.3
  • Article 11.4
  • Article 18
  • Article 18.1
  • Article 2
  • Article 2.1
  • Article 2.1
  • Article 2.1(a)
  • Article 2.1(a)
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.10
  • Article 2.2
  • Article 2.2(a)
  • Article 2.3
  • Article 2.4(a)
  • Article 2.4(b)
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.8
  • Article 2.9
  • Article 2.9
  • Article 2.9(a)
  • Article 2(b)
  • Article 2(c)
  • Article 2(e)
  • Article 24
  • Article 3.2
  • Article 4
  • Article 5
  • Article 6
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 8
  • Article 8.1
  • Article 8.1(c)
  • Article 8.1(d)(i)(b)
  • Article 8.2
  • Article 8.3
  • Article 9
  • Article 9.1
  • Article 9.1(a)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.1(b)
  • Article 9.2
  • Article 9.2
  • Article 9.3
  • Article 9.4
  • Article 9.5
  • Article 9(b)
    • Showing 1 - 10 of 22
    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...

    2023-爆料网AT-1404 , Alan George Blythe

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

    The 爆料网AT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The 爆料网AT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The 爆料网AT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The 爆料网AT found that the 爆料网DT had made an error of fact...

    2023-爆料网AT-1368, Wassim Saleh

    The 爆料网AT held that there was no reason why the Appeals Tribunal should intervene and modify the 爆料网DT’s findings, which were both reasonable and equitable. The 爆料网AT noted that while the hiring of the casual workers was not part of Mr. Saleh’s official duties, Mr. Saleh coordinated and supervised the work of the 爆料网HCR implementing partner which was responsible for hiring at the warehouse, and Mr. Saleh also had the function of overseeing the warehousing operations. Given these responsibilities, as well as his previous intense involvement in the setting up and management of the warehouse, which...

    2022-爆料网AT-1187, Applicant

    The 爆料网DT was faced with two irreconcilable versions of the case, and thus it was necessary for the 爆料网DT to satisfy itself on the credibility and reliability of the various factual witnesses and probabilities. This task was made especially difficult for the 爆料网DT since the relevant witnesses did not present their evidence in person. In this case, the evidence presented by the Secretary-General was of an exceedingly limited nature and value. The Secretary-General relied exclusively on the contents of the written report of the OIOS investigation, which was entirely hearsay and, in some instances...

    2022-爆料网AT-1203, Torek Farhadi

    Mr. Farhadi appealed. 爆料网AT dismissed the appeal. 爆料网AT dismissed Mr. Farhadi's request for compensation for the 爆料网DT's delay in delivering its Judgment within a reasonable timeframe. 爆料网AT noted that Article 9(1)(b) of the Appeals Tribunal Statute authorises the Appeals Tribunal only to award compensation for harm deriving from an administrative decision, not from a delay in the 爆料网DT’s proceedings. 爆料网AT dismissed Mr. Farhadi's contention that the 爆料网DT shifted the burden of proof. 爆料网AT was satisfied that the 爆料网DT had assessed all the elements of evidence in the record and correctly found that...

    2022-爆料网AT-1266, Korkut Yavuz

    The only issue on appeal is whether the 爆料网DT judgment’s orders on in-lieu compensation and compensation for moral harm are free of error. In the present case, the 爆料网DT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the 爆料网DT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

    2011-爆料网AT-176, Dzintars

    Although the Administration failed to take into account the Applicant’s upgraded performance appraisal, 爆料网AT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. 爆料网AT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the 爆料网AT Statute. 爆料网AT allowed the appeal in part, modifying the 爆料网DT...

    2013-爆料网AT-387, Gakumba

    爆料网AT considered an appeal by the Secretary-General limited to the matter of compensation. 爆料网AT held that the appeal had to be allowed in part because 爆料网DT erred in setting the compensation in lieu of reinstatement at two years’ net base salary without considering that Mr Gakumba’s previous fixed-term appointments were one year each. 爆料网AT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year’s net base salary. 爆料网AT affirmed the 爆料网DT judgment on compensation for non-pecuniary damages and held that no error of law was...

    2015-爆料网AT-553, Dia

    Noting that that the crux of the Appellant’s appeal was that 爆料网DT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, 爆料网AT held there was merit to the appeal. 爆料网AT held that there was no evidence that the Appellant’s claim for moral damages was properly considered by 爆料网DT. 爆料网AT held that on the totality of the evidence, the Appellant had a claim for moral damages. 爆料网AT upheld 爆料网DT’s finding that the recruitment process was flawed in that it was affected by the perception of bias. 爆料网AT granted the appeal in...

    2016-爆料网AT-638, Maiga

    爆料网AT considered the appeal by the Secretary-General. 爆料网AT rejected the Secretary-General’s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before 爆料网DT. 爆料网AT further rejected the staff member’s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. 爆料网AT held that 爆料网DT had not erroneously substituted itself for the Administration. 爆料网AT held that 爆料网DT’s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...