爆料网

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Showing 11 - 20 of 21
2011-爆料网AT-147, Osman

爆料网AT noted that, in finding the application to be time-barred, 爆料网DT considered whether any exceptional circumstances existed to allow a waiver of the time limits and found that neither health problems nor the need to replace counsel constituted justification in the specific circumstances of the case. 爆料网AT held that the Appellant failed to demonstrate any error warranting the reversal of the first instance judgment, whose conclusions it endorsed, as they relied on a correct application of the law. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2011-爆料网AT-133, Rosca

爆料网AT considered judgment Nos. 爆料网DT/2009/052 and 爆料网DT/2009/062. 爆料网AT held that the appeal to the Joint Appeals Board was not filed within the time limits and that 爆料网DT did not have jurisdiction to waive them. 爆料网AT held that the application before 爆料网DT was not receivable ratione temporis. 爆料网AT dismissed the appeal and vacated the 爆料网DT judgments.

2012-爆料网AT-213, Squassoni

爆料网AT held that 爆料网DT previously addressed the issues at hand and, therefore, there were no grounds to consider that the Appellant’s rights to due process were violated by a judgment by default or by not considering her arguments. 爆料网AT noted that 爆料网DT did not err in concluding that there was no administrative decision concerning the Appellant’s return to the G-4 post capable of judicial review under Article 2(1) of the 爆料网DT Statute, as that return was the predictable and logical consequence of her non-selection. 爆料网AT relied on its holding in Zhang (2010-爆料网AT-078) and held that 爆料网DT correctly...

2014-爆料网AT-448/Corr.1, Terragnolo

爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due...

2017-爆料网AT-720, Haroun

爆料网AT considered an appeal by the Secretary-General limited to contesting the award by 爆料网DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 爆料网AT held that 爆料网DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 爆料网AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

2018-爆料网AT-844, Loeber

With respect to the Appellant’s first claim, 爆料网AT agreed with 爆料网DT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, 爆料网AT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. 爆料网AT agreed with 爆料网DT in that the decision to abolish Appellant’s post was not receivable ratione materiae. 爆料网AT...