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 391 - 400 of 1006
    2013-爆料网AT-392, Maghari

    爆料网AT considered Mr Maghari’s application for revision of judgment No. 2010-爆料网AT-039. 爆料网AT held that the application was receivable ratione temporis. 爆料网AT held that the grounds filed did not fall within Article 11(1) of the 爆料网AT Statute and did not constitute a decisive fact which was, at the time the judgment was rendered, known to 爆料网AT and to the party applying for revision. 爆料网AT held that Mr Maghari merely disagreed with the 爆料网AT decision and sought to reargue his appeal. 爆料网AT dismissed the application for revision.

    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...

    2013-爆料网AT-356, Massah

    爆料网AT considered an application for revision of judgment. 爆料网AT held that the alleged error in the factual findings of 爆料网DT did not constitute circumstances that warranted revision, because none of them would result in the exclusion of the main reasons stated by 爆料网AT in vacating the 爆料网DT judgment and affirming Mr Massah’s separation from service for serious misconduct. 爆料网AT held that the application was inadmissible since its goal was to litigate the case de novo as a result of counsel not agreeing with the final judgment, an option which was not provided to the parties by the applicable law...

    2013-爆料网AT-355, Johnson

    爆料网AT considered an application of the Secretary-General for interpretation of judgment No. 2012-爆料网AT-240. 爆料网AT held that the application did not fulfil the requirements of Article 11 of the 爆料网AT Statute and was therefore manifestly inadmissible. 爆料网AT held that the judgment clearly stated that the utilisation of foreign tax credits constituted a reimbursable payment method and the tax unit had calculated the relevant reimbursable amount at USD 15, 239. 爆料网AT rejected the Secretary-General’s application and ordered the Secretary-General to pay Ms Johnson USD 15,239 with interest, stating that the...

    2013-爆料网AT-377, Balinge

    爆料网AT held that 爆料网DT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. 爆料网AT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of 爆料网AT. Noting that the Appellant relied upon the statements and observations which he had brought before 爆料网DT, 爆料网AT noted that a litigant’s past allegations and arguments cannot be considered evidence per se. 爆料网AT held that it was not the task of 爆料网DT (or 爆料网AT)...

    2013-爆料网AT-376, Williams

    Noting the Secretary-General’s contention that administrative review by ICAO is the equivalent of management evaluation under Article 7(3) of the 爆料网AT Statute, and Article 7(3) must be interpreted in the same manner as Article 8(3) of the 爆料网DT Statute, 爆料网AT agreed that Article 7(3) prohibited 爆料网AT from waiving the deadline by which the Appellant was required to seek administrative review. 爆料网AT held that it did not have jurisdiction or competence to address the merits of the substantive claims of the Appellant since AJAB did not consider the merits of those claims as the neutral first instance...

    2013-爆料网AT-366, Abu Ghali

    On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, 爆料网AT agreed with 爆料网RWA DT’s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, 爆料网AT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. 爆料网AT recalled the jurisprudence of the former 爆料网 Administrative Tribunal that different onuses and burdens of proof arise under...

    2013-爆料网AT-362, S. Nourain & A. Nourain

    爆料网AT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. 爆料网DT/2012/142. 爆料网AT dismissed Ms A. Nourain’s appeal as she was not a party to the proceedings and had no standing to appeal. 爆料网AT held that the facts were not disputed; the misconduct had been established and so had its seriousness. 爆料网AT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. 爆料网AT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

    2013-爆料网AT-353, Obdeijn

    爆料网AT considered Mr Obdeijn’s application for revision of judgment in respect of judgment No. 2012-爆料网AT-201. 爆料网AT held that Mr Obdeijn’s submissions were irrelevant as they did not meet the requirements set out in the 爆料网AT Statute. 爆料网AT held that Mr Obdeijn’s failure to submit evidence of alleged economic loss during the proceedings before both Tribunals did not constitute a newly discovered decisive fact warranting a revision of judgment. 爆料网AT held that Mr Obdeijn could not rely on 爆料网AT’s inherent jurisdiction to obtain a revision expressly forbidden by the 爆料网AT Statute from a rule based on...

    2013-爆料网AT-346, Goodwin

    爆料网AT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that 爆料网DT declined to award pecuniary damages, 爆料网AT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of 爆料网DT such as would entitle 爆料网AT to interfere with the findings of 爆料网DT. 爆料网AT was satisfied that the Appellant had been properly compensated for moral damages. 爆料网AT held t that the substantive and procedural breaches identified by 爆料网DT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...