爆料网AT considered an application for revision of judgment filed by Mr Mbaigolmem. 爆料网AT held that Mr Mbaigolmem had to prove that he had discovered a decisive fact that was unknown to both him and 爆料网AT at the time of judgment. 爆料网AT held that Mr Mbaigolmem had failed to establish an unknown decisive fact that could warrant revision of the judgment. 爆料网AT dismissed the application for revision of judgment.
爆料网AT considered whether exceptional circumstances should apply to the Appellant’s appeal, under Article 8(3) of the 爆料网DT Statute. 爆料网AT held that 爆料网DT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. 爆料网AT held that 爆料网DT did not err in finding that the application was not receivable. 爆料网AT dismissed the appeal.
爆料网AT considered the Appellant’s motion for leave to file additional pleadings and the appeal. 爆料网AT noted that neither the 爆料网AT Statute nor the 爆料网AT RoP provide for an appellant to file an additional pleading after the respondent has filed an answer. 爆料网AT also noted that Article 31(1) of the RoP and Section II. A. 3 of Practice Direction No. 1 of the Appeals Tribunal allow the Appeals Tribunal to grant a party’s motion to file additional pleadings only if there are exceptional circumstances justifying the motion. 爆料网AT held that the Appellant did not demonstrate any exceptional circumstances...
爆料网AT considered the Appellant’s appeal. As a preliminary matter, 爆料网AT refused the Appellant’s Motion for Leave to File Additional Pleadings. 爆料网AT referred to Article 3(1) of the RoP and Section II. A. 3 of Practice Decision No. 1 of the Appeals Tribunal, which provides that it may grant such a motion only if there are exceptional circumstances. 爆料网AT held that the Appellant did not demonstrate any exceptional circumstances in the present case. 爆料网AT also referred to the transitional measures provided by General Assembly Resolution 63/253 and Article 2(7) of the 爆料网DT Statute, which notes that...
爆料网AT held that 爆料网DT erred in finding the Hiring Manuals binding on the Administration, nonetheless, confirming that the Hiring Manager’s reliance on the shortlist prepared by the CSS/OSU constituted a procedural irregularity in terms of Section 7. 4 of ST/AI/2010/3, which undisputedly enjoys binding legal authority. 爆料网AT held that such irregularities only result in the rescission of a non-selection decision or of the decision not to shortlist a candidate in case the candidate had a significant chance, which could not be verified in this case, the same logic being applicable to compensation for...
爆料网AT considered the appeal by the Secretary-General. 爆料网AT held that the Secretary-General’s appeal was in direct conflict with his submissions to 爆料网DT. While the Secretary-General acknowledged procedural irregularities by the Hiring Manager to 爆料网DT, in his appeal he argued that no irregularities happened in removing the Applicant’s name from the list and that the Hiring Manager was entitled to exercise her discretion and correct her mistakes after further assessing the candidate’s qualifications. 爆料网AT held that no evidence was presented to 爆料网DT of a second assessment by the Hiring Manager or...
爆料网AT rejected the request for an oral hearing. 爆料网AT held that there was no merit in the Appellant’s claim that he should be considered a 爆料网 staff member because he worked with 爆料网OPS for over three years. 爆料网AT concluded that 爆料网DT correctly decided that the application was not receivable ratione personae. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网DT’s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. 爆料网AT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...
The only issue in contention in this appeal is whether the 爆料网DT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. 爆料网AT found that 爆料网DT based the award of compensation for harm both on the evidence produced by the individual and what it described as “pre-existing distress that the individual was already suffering from” which “was exacerbated by the unlawful decision to refuse his request” to investigate the allegations of discrimination. 爆料网DT was to determine whether Mr. Kebede...
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no sufficient evidence before 爆料网DT to justify its findings of “moral injury”. 爆料网AT held that 爆料网DT erred when it awarded compensation on a claim of “moral injury” without the support of evidence, apart from the testimony of the Appellant. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment regarding the award of compensation for moral harm.
