爆料网

爆料网AT Statute

  • 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 201 - 210 of 1006
    爆料网DT/2022/097, Applicant

    The alleged lack of decision

    The Tribunal noted that if a claim is submitted timely, the Administration opens the case under the framework of Appendix D, which remains open as compensation may be awarded any time after the original incident.

    The Tribunal referred to art. 2 entitled “Principles of award” of the pre-2017 Appendix D, applicable at the time the claim was submitted, and found that for a compensation to be paid or a benefit to be granted under Appendix D, a staff member must make a specific request such as the reimbursement of medical expenses or the payment of compensation for...

    2022-爆料网AT-1274, Cevat Ozturk

    The 爆料网AT held that it was satisfied that execution of the 爆料网DT Judgment (as affirmed by the 爆料网AT) had occurred in Mr. Ozturk’s case. The Administration had complied with the 爆料网AT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.

    The 爆料网AT observed that Mr. Ozturk appeared only to disagree with the “refund calculation” by the Administration for prior overpayments. However, the 爆料网AT noted that implementation by the Administration of a Tribunal’s order constitutes in itself an...

    2022-爆料网AT-1309, Emma Reilly

    爆料网AT endorsed the 爆料网DT’s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative. 爆料网AT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

    2022-爆料网AT-1306, Gautam Mukhopadhyay

    爆料网AT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. 爆料网AT thus granted the Secretary-General's appeal and reversed the Second Judgment.

    爆料网AT found not receivable Mr. Mukhopadhyay’s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. 爆料网AT found that he had made these claims for the first time on appeal and was...

    2022-爆料网AT-1302, Seyed Muhammad Hilmy Moulana

    Mr. Moulana appealed the 爆料网DT judgment.

    爆料网ATnoted that the 爆料网DT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. 爆料网AT held that the 爆料网DT, by failing to address the Appellant’s requests for the production of documents, including ignoring his motion, violated the Appellant’s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the 爆料网DT found he failed to provide. Therefore...

    2023-爆料网AT-1374, RoseMarie Heftberger

    The 爆料网AT held that the ICAO Appeals Board implemented internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the Appeals Board no longer provided only advice or mere recommendations to the ICAO Secretary General, but rather final decisions and, therefore, was a neutral first instance process. It further found that while it might have been open to ICAO to consider using the 爆料网DT for resolution of staff member disputes, it was free not to do so and cannot be criticised for doing as it did. It concluded that the Appeals Board’s...

    2023-爆料网AT-1369, Andrew Webster

    The 爆料网AT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

    The 爆料网AT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...

    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...

    2023-爆料网AT-1365, Polycarp Ambe-Niba

    The 爆料网AT considered an appeal by the participant in the Fund.

    The 爆料网AT found that the facts suggest that the participant’s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant’s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

    The...

    2023-爆料网AT-1350, Ismail Said Abu Hatab

    The 爆料网AT held that the 爆料网RWA DT correctly exercised its broad discretion with regard to its case management in concluding that the record before it was sufficient to render a decision without an oral hearing. It concluded that the Appellant has not presented any grounds as to why an oral hearing would have been necessary and thus did not show that the 爆料网RWA DT exercised its discretion in such manner as to affect the outcome of the case, as required by Article 2(1)(d) of the Appeals Tribunal Statute.

    With regard to the Appellant’s argument that the non-selection decision was unlawful because...