爆料网

Article 9.4

  • 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 - 8 of 8
    2025-爆料网AT-1580, Jonathan Hall

    The 爆料网AT noted that as per ISA’s Staff Rule the 爆料网AT has the competence to “order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the decision taken at the first instance level”. The 爆料网AT also has jurisdiction to order interim measures in appropriate cases arising out of an ISA dispute as is the case in Mr. Hall’s Motion.

    However, the 爆料网AT found that Mr. Hall had failed to demonstrate that relief by way of interim measures was necessary to prevent irreparable harm and to maintain consistency with the JAB’s decision. Mr...

    550 (2024), Kamal Karki
    • Appealed

    The 爆料网AT held that the staff member did not seek an interim measure for temporary relief which was consistent with the 爆料网DT Judgment; on the contrary, he sought the opposite, i.e., anonymization which the Dispute Tribunal and the Appeals Tribunal had not granted him. The 爆料网AT also found that the prior 爆料网AT Judgment was res judicata as to the question of anonymity and could be reversed, if at all, only through a revision of judgment. The 爆料网AT denied the staff member’s motion for interim measures.

    548 (2024), Mohamed Ben Madi
    • Appealed

    The 爆料网AT held that the motion was not receivable because the impugned Order was not appealable and the 爆料网DT had acted within its competence and jurisdiction in finding that the non-renewal decision had been prima facie lawful. The 爆料网AT found that the staff member’s request for reinstatement to his previous position could be considered as “temporary relief to prevent irreparable harm” but it was instead an interlocutory appeal of the denial of the suspension of action which was not permitted. The 爆料网AT also noted that granting the staff member’s request would not maintain consistency with the...

    爆料网DT/2024/108, Egenhoff
    • Appealed

    The Application was granted in part.

    The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year’s net base salary.

    In all other respects, the Respondent’s decision is AFFIRMED and the Applicant’s prayers refused.

    爆料网DT/2024/016, Applicant

    There is no evidence that the facts that were taken into consideration to substantiate the investigator’s finding of “prior conduct” were properly investigated up to the threshold of clear and convincing evidence. Therefore, the credibility assessment made by the Administration via the use of prior conduct evidence cannot stand, and the alleged prior conduct evidence was not considered by this Tribunal in its judicial review of the facts.
    With respect to the allegation that the Applicant sexually harassed V01, based on the 8 and 21 November 2017 emails, which confirm the Applicant’s persistency...

    2023-爆料网AT-1321, Diana Kenoly, Carolyne Alany Rumah, Felix Kwame and Nicholas Kariuki Kinyanjui in respect of Roselyne Kayeke Oming (deceased)

    The 爆料网AT dismissed both the appeal and the cross-appeal.

    As to the Secretary-General's cross-appeal against the 爆料网DT's decision on receivability, the 爆料网AT held that the 爆料网DT was correct not to dismiss the claims as unreceivable, but to investigate their merits.

    Turning to the merits, the 爆料网AT noted that death benefits under the Rules are not payable to beneficiaries nominated by a staff member, but to designated beneficiaries as defined by the Staff Rules (i.e. the surviving spouse or dependent children). The 爆料网AT found that Mr. Oming survived Ms. Oming and the substantial preponderance of...

    2013-爆料网AT-327, Tiwathia

    爆料网AT noted that appeals from 爆料网DT decisions on suspensions of action will only be receivable if 爆料网DT, in adjudicating such applications, exceeded its competence or jurisdiction. 爆料网AT held that the 爆料网DT’s legal and factual reasoning fell entirely within its competence and jurisdiction. 爆料网AT held that, although the Appellant’s claims addressed the merits of the 爆料网DT judgment, they did not amount to claims that the 爆料网DT exceeded its competence or jurisdiction. 爆料网AT held that the appeal was not receivable. 爆料网DT dismissed the appeal.

    2015-爆料网AT-531, Rangel

    爆料网AT considered seven motions submitted by Ms Rangel prior to a judgment on the merits. On the two Motions for Interim Relief, 爆料网AT held that Ms Rangel did not seek an interim measure for temporary relief consistent with the pronouncements of the ICJ Conciliation Committee, but rather she sought interim relief in cases where the Committee had dismissed her applications. 爆料网AT held that since one of the two cumulative conditions under Article 9(4) of the 爆料网AT Statute was not fulfilled, it did not need to further consider the second condition. 爆料网AT denied the requests for interim relief. On the...